Section 6509-B. Additional definition of professional misconduct; arrears in payment of support; limited application  


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  • 1. The provisions of this  section shall apply in all cases of licensee or  registrant  arrears  in
      payment  of child support or combined child and spousal support referred
      to the board of regents by a  court  pursuant  to  the  requirements  of
      section  two  hundred  forty-four-c  of  the  domestic  relations law or
      pursuant to section four hundred fifty-eight-b of the family court act.
        2. Upon receipt of an order from the court  pursuant  to  one  of  the
      foregoing  provisions  of  law,  the  board of regents, if it finds such
      person to be so licensed or registered,  shall  within  thirty  days  of
      receipt  of such order from the court, provide notice to the licensee or
      registrant of, and cause the regents review  committee  to  initiate,  a
      hearing which shall be held at least twenty days and no more than thirty
      days after the sending of such notice to the licensee or registrant. The
      hearing  shall  be  held  solely  for the purpose of determining whether
      there exists as of the date of the hearing proof that  full  payment  of
      all  arrears  of support established by the order of the court to be due
      from the licensee or registrant have been paid. Proof  of  such  payment
      shall  be  a certified check showing full payment of established arrears
      or a notice issued by the court or by the support collection unit  where
      the  order  is  payable to the support collection unit designated by the
      appropriate social services district. Such notice shall state that  full
      payment  of all arrears of support established by the order of the court
      to be due have been paid. The licensee or registrant shall be given full
      opportunity to present such proof of payment at the hearing in person or
      by counsel. The only issue  to  be  determined  by  the  regents  review
      committee  as  a  result of the hearing is whether the arrears have been
      paid. No evidence with respect to the appropriateness of the court order
      or ability of the respondent party in arrears to comply with such  order
      shall be received or considered by the committee.
        3.  Notwithstanding  any  inconsistent provision of this article or of
      any other provision of law to the contrary, the license or  registration
      of  a  person  subject to the provisions of this title and/or subject to
      the provisions of title two-A of article two of the  public  health  law
      shall be suspended if, at the hearing provided for by subdivision two of
      this  section,  the  licensee  or  registrant  fails to present proof of
      payment as required by such subdivision.  Such suspension shall  not  be
      lifted  unless the court or the support collection unit, where the court
      order is payable to  the  support  collection  unit  designated  by  the
      appropriate  social  services  district,  issues  notice  to the regents
      review committee that full payment of all arrears of support established
      by the order of the court to be due have been paid.
        4. The board of regents shall inform the court of  all  actions  taken
      hereunder as required by law.
        5.  This  section  applies to support obligations paid pursuant to any
      order of child  support  or  child  and  spousal  support  issued  under
      provisions  of  article three-A or section two hundred thirty-six or two
      hundred forty of the domestic relations law, or article  four,  five  or
      five-A of the family court act.
        6.  Notwithstanding  any  inconsistent provision of this article or of
      any other provision of law to  the  contrary,  the  provisions  of  this
      section  shall  apply to the exclusion of any other requirements of this
      article and to the exclusion of any other  requirement  of  law  to  the
      contrary.