written report of its or his findings and a recommendation to the commissioner of education. The commissioner of education shall review such findings and recommendations and, after due deliberation, shall issue an order accepting, modifying or rejecting such recommendations and dismissing the charges or suspending or revoking the certificate. For the purposes of this section, the commissioner of education and such advisory board or employee of the department may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed pertinent to the subject of the investigation.

3. The action of the commissioner of education in suspending, revoking or refusing to issue or renew a certificate may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practice act.

PART III. GENERAL PROVISIONS

Section 7135. Disposition of fees, fines and penalties.

7136. Department supervision.
7137. Separability clause.

§ 7135. DISPOSITION OF FEES, FINES AND PENALTIES. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid to the department and on the fifth day of each month shall be paid by the department to the state treasury.

§7136. DEPARTMENT SUPERVISION. The provisions of this article shall be administered subject to the provisions of section two hundred eleven of this chapter. §7137. SEPARABILITY CLAUSE. If any section of this article, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder or any other section or part thereof.

RULES OF THE BOARD OF REGENTS

ARTICLE II. THE UNIVERSITY OF THE STATE OF NEW YORK; STATE EDUCATION DEPARTMENT

§ 4. DISCIPLINARY PROCEEDINGS BEFORE THE BOARD OF REGENTS. The following rules shall regulate the practice in all hearings held by Regents disciplinary committees pursuant to the provisions of the Education Law:

1. The Department shall give to the practitioner 15 days' notice by mail of the time and place of the hearing.

2. Briefs may be filed with the Department, at the State Education Building, Albany, New York, eight days before the hearing date, and unless so filed will not be considered. Five copies of the briefs shall be furnished.

3. The time to be allotted to counsel for presentation of their arguments shall be fixed in the discretion of the committee on discipline.

4. At the close of the hearing, the committee of the Board of Regents holding such hearing shall report in the matter to the Board in writing, signed by the chairman or by a majority of the committee.

5. The Commissioner of Education shall execute all orders in connection with disciplinary proceedings, as directed by the Board of Regents. Orders shall take effect as of the date of service except as otherwise provided.

§ 37. REQUIREMENTS FOR EARNED DEGREES. 1. No earned degree shall be conferred unless the candidate has had a preliminary education of at least a four-year high school course, or its equivalent, as determined by the Commissioner. Satisfactory evidence of such preliminary education must be offered before beginning the course of study for the degree. Conditional admission to courses of study leading to professional degrees is not permitted.

2. No earned degree shall be conferred in this State on any person who has not completed the course of studies requisite to such degree, at least one year of which studies shall have been taken in regular attendance as provided in the regulations for the registration of colleges at the institution conferring such degree, which institution shall be authorized to confer the same. No undergraduate degree shall be conferred unless the applicant has completed a course of study registered by the Department.

ARTICLE XX. DISCIPLINARY PROCEEDINGS IN THE PROFESSIONS

§ 260. THE EXECUTIVE SECRETARY OF PROFESSIONAL CONDUCT. In all disciplinary proceedings in the licensed or certificated professions administered by the Education Department under the Board of Regents through the Division of Professional Education the Executive Secretary of Professional Conduct is the

secretary of the particular Board of Examiners of the profession wherein the disciplinary proceeding arises for the purpose of processing complaints.

$261. COMPLAINTS. All complaints, notwithstanding their origin or the department person or office which receives them, are to be forwarded immediately to the Executive Secretary of Professional Conduct. It is his duty to cause a full and complete investigation to be made of each complaint in a manner as expeditious as the case load in his office will permit and with regard for the gravity and nature of the complaint.

§ 262. REPORTS. After investigation it is the responsibility of the Executive Secretary of Professional Conduct to communicate with the chairman of the board of examiners or grievance committee or the secretary thereof in order to set a date for a meeting with the board or grievance committee at a time and place mutually convenient to all parties, and it shall be the duty of the said Executive Secretary to report to the board or grievance committee at such meeting on each complaint, irrespective of its source and whether in his opinion there is or is not sufficient legal evidence to proceed.

§ 263. CHARGES. It is the duty and responsibility of the board or grievance committee to decide whether the charges should be dismissed or heard, and if the latter, to vote formal charges. If formal charges are voted, the specifications thereof shall be prepared and the matter submitted to the Attorney General for his determination as to whether or not to proceed with the prosecution.

§ 264. REPRIMANDS AND WARNINGS. No person shall be required, directed or requested to appear before a board of examiners or grievance committee or any member thereof for the purpose of receiving a reprimand or warning, nor shall the same be given or communicated by said board or committee by letter or otherwise.

§ 265. CRIMINAL VIOLATIONS. For the information of a board of examiners or grievance committee the Executive Secretary of Professional Conduct shall report the disposition of matters processed through his office involving violations of statutes requiring criminal prosecution.

REGULATIONS OF THE COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK

As amended by the Board of Regents through May 1960

ARTICLE I. HIGHER AND PROFESSIONAL EDUCATION

§ 1. DEFINITIONS

As used in these regulations:

1. "Commissioner" means Commissioner of Education.

2. "Department" means the Education Department of the State of New York. 3. "Aceptable," "adequate," "approved,' ," "efficient," "equivalent," "satiffactory," "sufficient," "suitable," mean acceptable, adequate, approved, efficient, equivalent, satisfactory, sufficient, suitable, respectively, in the judgment of the Commissioner.

4. "Higher education" means education in advance of secondary education, and includes the work of colleges, junior colleges, universities, professional and technical schools.

5. "Qualifying certificate" means a certificate that the holder has the education required by law and by these regulations for admission to the study of a profession. 6. "Approved secondary school course." An approved secondary school course shall include the minimum requirements set forth under section 170 of these Regu lations, or the equivalent as determined by the Commissioner. Other special requirements for admission to the study of a particular profession are stated in section 2 of these Regulations.

An equivalent of an approved high school course is recognized as one of the following:

(a) A State high school equivalency diploma

(b) A State high school equivalency certificate issued to a qualified scholar enrolled in a recognized early admissions program

(c) Education completed in an approved validation program

(d) Education completed in a foreign country and supported by a valid credential

(e) Any combination of the foregoing satisfactory to the Commissioner, or other secondary school study which he may deem equivalent. (Subdivision 6 as amended June 28, 1957)

7. "Registration" means approval of a course of study in an institution of higher education for acceptance toward a credential issued by the Department

or the approval of a professional school for the acceptance of its course of study toward admission to professional practice.

8. "College" means an incorporated institution offering a four-year course in liberal arts or science, based upon an admission requirement of four years of secondary school work (16 units), or the equivalent, leading to the bachelor's degree in arts or science.

9. "Junior college" means an incorporated institution offering one, two or three years of work in standard college courses or one, two or three years of work in courses terminal in character of collegiate grade and quality, or offering both such standard and terminal courses. (Subdivision 9 amended March 1, 1957)

10. "Extension course" means a course offered for credit or noncredit under the administrative and supervisory direction of a college or university at a location other than the principal center of the college or university or any of its institutional branches.

11. "Institutional branch" means an institution located at a place other than the principal center of a college or university but authorized by the charter of such college or university to be a part thereof, offering courses for residence credit and having its own administrative and supervisory organization. (Former subdivision 11 repealed and former subdivision 12 renumbered 11, September 28, 1956)

§ 2. ADMISSION TO PROFESSIONAL STUDY

1. Matriculation reports and qualifying certificates.-Every professional school or college in the State shall submit such reports concerning the qualifications of matriculants as may be prescribed by the Commissioner in accordance with the requirements established by statute, or by these regulations.

2. Determination of equivalents.-Academic preparation in a foreign country may be accepted for admission to professional study where the candidate has met all specific requirements and, in addition, presents evidence of satisfactory preparation in English. The English requirement may be waived by the Commissioner for applicants who have completed or will complete at least one year of instruction given in the English language prior to admission to a professional examination. (Subdivision 2 as amended June 28, 1957)

7. Ophthalmic dispensing.-For admission to study in ophthalmic dispensing a candidate shall present evidence of having satisfactorily completed at least 16 units in a registered four-year high school, including a minimum of 10 units in academic subjects, of which at least 2 units must be in mathematics, or the equivalent as determined by the Commissioner.

§3. REGISTRATION OF CURRICULUMS IN COLLEGES AND SCHOOLS

1. In order to secure registration of its courses of study, an institution of higher education shall make application upon the forms provided by the Department and shall furnish such information as the Department deems necessary. A copy of the latest annual catalog or announcement of the institution shall accompany the application. No course of study shall be registered without personal inspection by a representative of the Department, except that at its discretion the Department may accept the inspection made by any duly authorized and recognized accrediting agency, organized for the purpose of approving institutions similar to the one applying for registration of its courses of study. An institution outside of the State of New York seeking registration shall set forth in its application any accreditation given to it by an accrediting agency.

2. Courses of study in higher education institutions unable to meet in full the requirements for registration may be registered in part.

3. A combined course, that is, the combination of a course in arts or science and a professional course, may be registered. Such a course may be a six-year course or a seven-year course and the registration shall cover both the course approved for the degree in arts or science and the course approved for the professional degree.

4. Registration shall not be granted to any higher education institution as a whole but to individual courses of study, except in the case of professional schools which offer but one course of study and confer but one degree.

5. Before its courses of study shall be registered an institution of higher education shall be legally incorporated or shall be a department of a legally incorporated institution.

6. All credit earned by correspondence study shall be clearly indicated in any certification to the Department.

7. Courses of study conducted in an authorized institutional branch shall require registrations separate from the registration of programs offered to the principal center of the college or university.

§ 4. REGISTRATION OF A COLLEGE COURSE OF STUDY

1. In the registration of a college course of study the Commissioner may exercise his discretion wherever deficiencies in certain requirements may occur.

2. The following regulations governing the resigtration of a college course of study shall apply to all courses of study in colleges of liberal arts and science, and to courses of study in agriculture, arts, ceramics, education, forestry, home economics, library science, music and in any other field of specialization for which specific regulations are not provided in this article.

(a) Resources. A college shall have minimum resources beyond all indebtedness, of at least $500,000. To assure adequate maintenance and adequate operation, it shall have an annual net income of at least $100,000 from all sources. In institutions maintained by religious or other organizations, contributed services shall be acceptable in whole or in part as a substitute for required income. It shall have a physical plant and equipment adequate for the realization of its announced objectives.

(b) Laboratories.-A college shall have properly housed laboratories with sufficient modern equipment for instructional purposes for each science course offered. These laboratories shall be maintained at their full efficiency by means of adequate annual expenditures.

(c) Library.-A college shall maintain a well-distributed, professionally administered library. The library shall be adapted to the courses of study of the college and shall meet the needs of students and faculty. Adequate annual provision for the purchase of new books shall be made.

(d) Faculty.

(1) A college shall maintain an experienced staff adequate for the efficient presentation of the courses offered. At least one instructor of professorial rank shall give full time to instruction in each department or subject field. (2) A majority of the faculty having full charge of classes shall be of professorial rank.

(3) A majority of all full-time instructors shall have had at least one year of graduate study or its equivalent and all instructors shall have earned a bachelor's degree from a recognized college or shall possess equivalent training.

(4) All members of the teaching staff of professorial rank shall have had not less than two years of graduate study in a recognized institution, or shall possess equivalent training. All heads of department shall have had training equivalent to that presupposed by the degree of doctor of philosophy. (5) A satisfactory faculty-student ratio shall be maintained in all classes and departments.

(6) Salaries of members of the teaching staff shall be adequate. The minimum shall depend upon the local cost of living as well as upon other factors.

(e) Course of study.

(1) The course of study shall cover four years of satisfactory standard. (2) The minimum requirements for each year shall be 32 weeks of 15 periods a week of actual work.

(3) The courses offered shall provide both for breadth of study and for satisfactory concentration, and shall have a justifiable relation to the resources of the institution.

(f) Admission.-A college shall require for admission the successful completion of an approved secondary school course or the equivalent. The secondary school course of the individual student shall be definitely correlated with the course of study he undertakes in the college. [Subdivision 2, paragraph ƒ as amended June 28, 1957)

(g) Graduation.

(1) A college shall require candidates for graduation to have completed a four-year course of study of not less than 120 semester hours, or the equivalent. (2) At least one year shall be spent in residence at the institution granting the degree.

(h) Preparatory school.-If a preparatory school is maintained under the same administration as the college, the following conditions shall be met:

(1) A separate instructional staff shall be provided for such preparatory school.

(2) No member of the instructional staff of the college shall do any teaching in the preparatory school, and no member of the instructional staff of the preparatory school shall do any teaching in the college.

(3) The work and other activities of the college and of the preparatory school shall be separated in all other ways as far as practicable.

(i) Summer sessions.-If a college maintains a summer session, the following conditions shall be met:

(1) A majority of the teaching staff shall be drawn from the regular faculty, and the majority of the whole staff shall be of professorial rank. Their training and experience shall be the full equivalent of the training and experience required of the regular faculty.

(2) No member of the teaching staff shall carry a heavier program than he carries during the regular college year.

(3) A satisfactory faculty-student ratio shall be maintained in all classes and departments.

(4) Students shall not be permitted to earn more than six semester hours in a summer session of six weeks, except in special cases.

(5) Courses of study and final examinations shall be of the same standard as those maintained in the regular sessions.

(j) Extension courses.—

(1) Approval of general policies. The general policies of an institution in conducting extension courses shall be approved by the State Education Department. Such approval of policies may include courses being offered for extension credit that utilize teaching by television.

(2) Quality of instruction: All courses carrying credit, wherever offered, shall meet the standards of the institution by which they are offered.

(3) Approval of courses: All courses shall be approved by the head of the department directly concerned or by such authority as is provided by the rules of the institution.

(4) Credit: A credit hour in any course shall be defined as 15 hours of regular class participation, each credit hour of which shall extend over a period of at least 50 minutes. No class period shall extend beyond 100 minutes. No institution shall grant credit for courses outside of the fields in which it is regularly recognized. Extension courses shall not be counted for residence credit.

(5) Facilities: Adequate staff, library, laboratories and equipment shall be provided for the conduct of all courses.

(6) Qualifications of instructors: Instructors shall be limited to their field of specialization. Instructors employed on a part-time basis shall not be permitted to offer courses enrolling individuals who are under their administrative or supervisory jurisdiction.

(7) Salaries of instructors: Salaries of instructors shall not be contingent upon the number of students registered.

§ 16. REGISTRATION OF CURRICULUMS IN OPTOMETRY

1. A college or university offering courses in optometry shall have adequate equipment and resources, including suitable clinical facilities, and shall maintain an adequate professional library.

2. It shall provide a sufficient number of part-time salaried instructors with satisfactory professional training.

3. It shall maintain a satisfactory course for four years. Each year shall be at least eight months duration.

4. It shall require for admission the completion of an approved four-year secondary school course of study, or the equivalent.

§ 23. APPLICATION FOR ADMISSION TO PROFESSIONAL STUDY

1. An applicant for admission to a professional school in this State shall satisfy the preliminary education requirement prescribed by statute or by these regulations.

2. An applicant for admission to a professional licensing examination shall submit evidence that he satisfied the preliminary education requirements before beginning his professional study and with such professional study, including experience, satisfied the requirement prescribed by statute or by these regulations. 3. (a) An applicant for the indorsement of a license shall submit evidence that he satisfied the preliminary education requirement before beginning his professional study, that such professional study including experience, satisfied the requirements prescribed by statute or by these regulations and that the license is the original authority of practice and not an indorsement. The fee for indorsement shall be the same as the fee for license on examination.

(b) An applicant for admission to a professional school in this State or for admission to a licensing examination or for the indorsement of a license, whose application is based upon credit granted for the completion of courses of study in a country where English is not the language spoken, shall demonstrate his pro