What's happening
This bill requires the automatic suspension of architects’ and engineers’ licenses for serious abuse of New York City's self-certification program.
Why it matters
Defines "serious abuse" of NYC’s self-certification program. goes beyond simple mistakes, targeting architects/engineers who knowingly or recklessly submit false information, repeatedly make serious errors, or violate rules while already on probation. This raises the bar for professional accountability.
Triggers automatic, immediate license suspension. once the state is notified by NYC’s Department of Buildings and a professional conduct officer confirms serious abuse, the Board of Regents must suspend the license before a hearing, shifting the burden to the accused to request a prompt review.
Applies retroactively for five years. mandates a review of past disciplinary notifications from NYC going back five years, potentially exposing professionals to new state-level penalties for previously adjudicated or settled cases.
Strengthens coordination between city and state regulators. requires NYC to promptly notify the state of adverse actions or settlements involving self-certification privileges, ensuring that local sanctions translate into state-level professional consequences.
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Who cares
Architects and professional engineers
Those sanctioned for abusing New York City’s self-certification program would face immediate license suspension if a state professional conduct officer determines the abuse was serious, with a right to a prompt hearing.
New York City Department of Buildings
The agency would have to notify the State Education Department of covered disciplinary outcomes within ten business days and provide identifying information and supporting documentation.
State Education Department
The department would investigate potential serious abuses and pursue professional misconduct charges when warranted.
Board of Regents
The board would have to suspend licenses for serious abuse and review city notifications from the five calendar years preceding the bill’s effective date for possible state disciplinary proceedings.
Headline styles
Discipline Abusive Architects, Engineers
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to higher education
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2828
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. CYMBROWITZ -- Multi-Sponsored by -- M. of A. LENTOL -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to licensing consequences for architects or engineers who seriously abuse their self-certification privileges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6509 of the education law is amended by adding a new subdivision 2-a to read as follows:
(2-a) Serious abuse of the professional certification program of the city of New York. Where the education law makes a distinction between mere violations of the standards of New York city's professional certification program for registered design professionals and a serious abuse of such program, the term "serious abuse" shall mean that the registered design professional has:
(a) knowingly or recklessly certified documents that contained false information or documents that were not in compliance with applicable law; or
(b) certified two applications within any twelve month period that contained errors that resulted in the revocation of an associated permit or that otherwise demonstrated a lack of knowledge of or disregard for applicable laws; or
(c) certified an application or construction documents while on probation as imposed by the board of regents pursuant to section sixtyfive hundred eleven of this subpart,
§ 2. Section 6510 of the education law is amended by adding a new subdivision 2-a to read as follows:
2-a. Serious abuse of the professional certification program of the city of New York.
a. Notice to the state department of education. The New York city department of buildings is required to provide written notice to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07360-01-9
A. 2828 2
department of any professional engineer or registered architect who was the subject of any disciplinary proceeding where there has been an adverse determination or sanction by the department including any settlement agreement that is reached between the parties that resulted in a sanction of self-certification privileges being imposed by the department. Such notice shall be sent within ten business days after a determination is made in any such disciplinary proceeding or after a settlement of such proceeding has been reached, and shall include the name, and business firm name and address of such licensed professional, as well as any supporting documentation for the sanction imposed.
b. Automatic suspension for serious abuses. Where the department has received written notice from the department of buildings of the city of New York, pursuant to paragraph a of this subdivision, that a professional engineer or registered architect has been sanctioned or agreed to surrender his or her self-certification privileges following a disciplinary proceeding, and where a state professional conduct officer determines that the licensed professional's actions constitute a serious abuse of the professional certification program of the city of New York, as defined in section sixty-five hundred nine of this subpart, the board of regents shall immediately suspend the design professional's license pending a hearing request. The licensed professional shall be entitled to a prompt hearing to review the determination of the professional conduct officer.
c. Prior adjudications. The board of regents shall also review all notifications received from the department of buildings of the city of New York, pursuant to section 28-104.2.1.6 of the administrative code of the city of New York, for the five calendar years immediately preceding the effective date of this section. Any professional engineer or registered architect included in such notification who has not been the subject of a state professional misconduct proceeding pursuant to this section shall be required to submit to a hearing pursuant to paragraph d of this subdivision if a state professional conduct officer determines that the registered design professional's actions constituted a serious abuse of the professional certification program of the city of New York as defined in section sixty-five hundred nine of this subpart.
d. Hearings generally. In such cases as described in paragraph c of this subdivision, or where a licensed professional who has had his or her license suspended pursuant to paragraph b of this subdivision requests a hearing, or where the existing record is insufficient for a professional conduct officer to make a determination as to whether a serious abuse of the professional certification program has occurred, the department shall conduct an investigation pursuant to paragraph b of subdivision one of this section.
If, after an investigation, the department believes that a serious abuse of the professional certification program of New York city has occurred, such accusation shall be included in the charges prepared for a disciplinary proceeding pursuant to paragraph c of subdivision one of this section. The department and the board of regents shall then follow the standard procedure for a disciplinary proceeding as stated in this section.
The board of regents shall immediately suspend the professional license of any architect or engineer found to have seriously abused the professional certification program of the city of New York.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.