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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Branch v. DOE] First Department Remands DOE's Rejection of Certification for Bus Driver/Escort Based on Criminal Conviction (2010)

  • Organization: Supreme Court of the State of New York, Appellate Division, First Department
  • Document Type: Case law/admin decisions
  • Date Created: Monday, January 10, 2011
  • Submitted: Monday, January 10, 2011
  • Attachment(s): PDF

Decision by the First Department finds that Department of Education (DOE) did not afford petitioners the opportunity to review the information in the investigatory file pursuant to Chancellor's Regulation C-105 prior to making its decision. The decision remands the application to the D OE to give the petitioners an opportunity to review the information upon which DOE's determinations were based and to submit statements and documents.

Chancellor's Regulation C-105 provides:

"If, prior to the conclusion of any background investigation, information of a derogatory nature is obtained which may result in denying the application for license, certification or employment, an applicant will be given an opportunity to review such information with the [Office of Personnel Investigation] and to include in the investigatory file, any written statements or documents which refute or explain such information."

File courtesy of South Brooklyn Legal Services .

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