N.Y. Comp. Codes R. & Regs. tit. 14 § 853.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 853.18 - Application following revocation

(a)Permission to apply following revocation.

(1) A credentialed professional whose credential has been revoked may not apply for a credential without first submitting a written request for permission to apply as a credentialed professional.

(2) Such request may not be submitted until five (5) years or more after the effective date of the revocation. Such request must include a statement detailing the reasons why permission to apply should be granted and must include the current contact information of the person requesting permission to apply.

(3) The commissioner shall review the request and the submitted basis therefore, and shall grant or deny permission to apply based on the following:

(i) the presence or absence of demonstrated evidence that clearly shows the misconduct that formed the basis of the revocation has been thoroughly addressed;

(ii) the seriousness and nature of the misconduct which formed the basis of the revocation, particularly as related to service recipient safety and welfare;

(iii) if requested by the commissioner, an assessment of the applicant by a QHP approved by the Office or, when appropriate, a qualified problem gambling professional approved by the Office; and

(iv) the risk that service recipient safety and quality of care could be jeopardized in any way by granting the requestor permission to apply for renewal or reactivation of a credential.

(b)Permission to apply following denial of an application. An applicant whose application is denied pursuant to section 853.15(a)(5) of this Part may not apply again for a credential without first submitting a written request for permission to apply as a credentialed professional. Such requests shall be subject to the same provisions of this section applicable to requests for permission to apply after revocation.

(c)Notice of decision.

(1) The person requesting permission to apply will be sent a notice of decision by certified mail, return receipt requested, and e-mail address to the mailing address and e-mail address included with the request. Such notice of decision shall be deemed received three (3) days after mailing.

(2) If permission to apply has been granted, the notice of decision will include information detailing the procedures that must be followed by the applicant as well as any additional terms and conditions which may be required by the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.18

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 4/1/2021

Amended New York State Register February 7, 2024/Volume XLVI, Issue 6, eff. 2/7/2024