A1041 Assembly Member Canestrari / S857 Senator Balboni
Civil Prosecution for Illegal Practice of the Professions
The New York State Society of Professional Engineers (NYSSPE) SUPPORTS the above referenced bill. NYSSPE represents approximately 3,000 licensed professional engineers practicing in all engineering disciplines (civil engineering, structural engineering, mechanical engineering, electrical engineering, environmental engineering, chemical engineering, etc.). Members of the Society practice in all sectors of employment, including the government, construction, industry, education and the consulting community.
This bill is intended to augment the investigative and prosecutorial authority of the State Education Department, pursuant to Title VIII of the State Education Law. The bill grants authority to the State Education Department to civilly prosecute cases of unlawful practice of a profession, impose cease and desist orders, and the right to seek monetary penalties. The authority of the Attorney General to criminally prosecute cases of illegal practice continues unaltered by this legislation.
Presently, the State Education Department is charged with the responsibility of investigating cases of suspected unauthorized practice of professional engineering as well as the other 37 professions licensed pursuant to Title VIII of the State Education Law. The Attorney General is responsible for criminally prosecuting cases of illegal practice. Due to a proliferation of these types of cases, additional resources are needed to combat the threat posed by illegal practice. The State Education Department, due to its investigatory and prosecutorial roles involving professional discipline, is well suited to serve this role respecting illegal practice. The authority of SED to impose civil penalties and seek injunctive relief in cases of illegal practice is long overdue.
Respectfully submitted,
Kelly K. Norris Mark C. Kriss, Esq.
Executive Director Legislative Counsel