New York · State Board for Psychology

Under Investigation by the New York State Board for Psychology: Stages, Timeline and Your Rights

10 min readLast updated July 7, 2026

An investigation by New York's Office of Professional Discipline can feel open-ended and opaque, especially when the first contact is a phone call or a records request with no clear explanation of where it leads. The process, though, follows a defined statutory path. Knowing each stage — and the rights you keep at every one of them — helps you engage from a position of understanding rather than fear.

Before you do anything: Being under investigation is not the same as being found guilty of anything. It is a fact-finding stage, and how you handle it — measured, organized and well-advised — can materially affect where it ends.

What an OPD investigation involves

An Office of Professional Discipline investigation is a structured inquiry into the facts. An investigator will typically identify themselves as being from OPD, ask for copies of the records relevant to the matter, and may ask you to provide a signed, written statement about the conduct alleged. In some cases OPD can require a licensee to answer questions under oath in an on-the-record interview.

These requests are not optional in the way ordinary correspondence is. Disregarding OPD's requests for information typically carries its own penalty. At the same time, you are entitled to prepare — to review your records, to understand the allegation, and to be represented — before you hand over a statement or sit for an interview. The steadiest approach is to cooperate through a considered, documented response rather than an off-the-cuff one.

The stages of a disciplinary case

Education Law §6510 lays out the sequence. First come the preliminary procedures: the complaint, the investigation, and referral to a professional conduct officer who decides — after consulting a State Board for Psychology member — whether there is substantial evidence to proceed. If there is, the Department serves a written statement of charges and a notice of hearing.

Minor or technical matters can be diverted into expedited procedures before a violations committee. Contested cases go to adversary proceedings: a hearing before a panel, followed by review by a Regents review committee, and then a final decision and order from the Board of Regents. Each stage has its own notice requirements and its own opportunities to be heard.

The hearing panel explained

A contested case is tried before a hearing panel of at least three members, at least two of whom must belong to the State Board for Psychology. An administrative officer appointed by the Education Department presides over procedure, and an attorney for the Department presents the case against you. You may appear, be represented by counsel, produce witnesses and evidence, and cross-examine the Department's witnesses.

The panel is not bound by the strict rules of evidence, and a finding of guilt requires only a preponderance of the evidence — that a charge is more likely than not to be true. After the hearing, the panel issues a written report with its findings on each charge and any recommended penalty. That report is then reviewed by a Regents review committee of three members, at least one of whom is a Regent, before the Board of Regents makes the final decision by majority vote.

How long it takes

There is no single statutory timeline, and cases vary enormously. A straightforward matter that is screened out at the investigation stage may close within weeks or a few months. A contested case that runs through charges, a hearing, Regents review and a final order can take a year or more from the first letter to the last.

The length is driven by the seriousness and complexity of the allegation, the volume of records, whether the matter is contested or resolved by consent, and the scheduling of panels. Long stretches of apparent silence are normal and do not necessarily signal anything about the outcome; it is worth keeping your own file organized throughout so you can respond quickly whenever the process asks something of you.

Your rights throughout

At every contested stage you have the right to notice of the charges, the right to be represented by counsel, the right to appear and present your case, and the right to cross-examine witnesses against you. If the Board of Regents makes an adverse decision, that decision can be challenged in court through an Article 78 proceeding, returnable before the Appellate Division, Third Department.

Just as important is the right to prepare before you respond. You are not obliged to give an immediate account to an investigator, and taking time to review your records and seek advice is a legitimate part of the process — not a sign of guilt. Engaging cooperatively, but on a considered footing, is entirely consistent with protecting your position.

Key takeaways

An OPD investigation is a fact-finding stage — an investigator may seek records, a signed statement, or on-the-record testimony under oath.
Ignoring OPD's requests for information typically carries a penalty of its own; cooperate, but on a prepared and documented footing.
Contested cases are tried before a hearing panel of at least three members, at least two from the State Board for Psychology, on a preponderance-of-the-evidence standard.
After the hearing, a Regents review committee reviews the report and the Board of Regents makes the final decision by majority vote.
You keep the right to counsel, to be heard, to cross-examine, and to challenge a final decision via an Article 78 proceeding in the Appellate Division.

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Frequently asked questions

What is the difference between OPD and the State Board for Psychology?

The Office of Professional Discipline (OPD) is the arm of the Education Department that investigates and prosecutes misconduct. The State Board for Psychology is an advisory board whose professional members sit on the hearing panels that decide contested cases. They work together within the Office of the Professions, with the Board of Regents making the final decision.

Do I have to speak to an OPD investigator?

OPD can require records, a signed written statement, and in some cases on-the-record testimony under oath, and disregarding those requests carries its own penalty. But you are entitled to prepare and to be represented before you respond. Taking advice before giving a statement is sensible, not evasive.

What standard of proof applies at a psychology hearing?

A preponderance of the evidence — meaning a charge is more likely than not to be true. The hearing panel is also not bound by the strict rules of evidence, which is one reason careful preparation and clear documentation matter so much.

Who actually decides whether I am disciplined?

The hearing panel issues findings and a recommended penalty; a Regents review committee reviews the record; and the Board of Regents makes the final decision by majority vote and issues the order. The panel's role is to find facts and recommend, not to impose the final penalty.

How long will an investigation last?

It depends on the complexity of the allegation and whether the case is contested. Some matters close in weeks; a fully contested case running through a hearing, Regents review and a final order can take well over a year. Periods of silence during the process are common.

Can I appeal an adverse decision?

Yes. A final decision of the Board of Regents can be challenged in court through an Article 78 proceeding, which is returnable before the Appellate Division, Third Department. Strict deadlines apply, so advice should be taken promptly once an order is issued.

This article is general information for licensed psychologists in New York and does not constitute legal advice. Regulatory processes and the law can change, and every case turns on its own facts. If you are the subject of a complaint or investigation, seek advice from a qualified professional-license attorney or your defense organization. Last updated July 7, 2026.