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card signifying that the individual identified thereon has been authorized by the department to perform security guard functions.
12. "Special ' armed guard registration card" shall mean a registration card issued by the department signifying that the individual thereon has been certified by the department to perform security guard functions and to carry firearms in connection with such functions. Nothing herein contained shall relieve such guard from any provision of law which requires that he or she be licensed to carry such firearm. 13. "Serious offense" shall
any felony involving the offenses enunerated in the closing paragraph of this subdivision; criminal solicitation of or a conspiracy to commit or an attempt to commit or a criminal facilitation of a felony involving the offenses enumerated in the closing paragraph of this subdivision, which criminal solicitation, conspiracy, attempt or criminal facilitation itself constitutes a felony or any offense in any other jurisdiction which if committed in this state would constitute a felony; any offense in any other jurisdiction which if committed in this state would constitute a felony provided that for the purposes of this article, none of the following shall be considered criminal convictions reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii), a conviction which has been vacated and replaced by a youthful of fender finding pursuant to article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued.
Felonies involving: assault, aggravated assault and reckless endangernent pursuant to article one hundred twenty; vehicular manslaughter, danslaughter and murder pursuant to article one hundred twenty-five; sex offenses pursuant to article one hundred thirty; unlawful imprisonment, kidnapping or coercion pursuant to article one hundred thirty-five; criminal trespass and burglary pursuant to article hundred forty; criminal mischief, criminal tampering and tampering with a consumer product pursuant to article one hundred forty-five; arson pursuant to article one hundred fifty; larceny and offenses involving theft pursuant to article one hundred fifty-five; offenses involving computers pursuant to article one hundred fifty-six; robbery pursuant to article one hundred sixty; criminal possession of stolen property pursuant to article one hundred sixty-five; forgery and related offenses pursuant to article one hundred seventy; involving false written statements pursuant to article one hundred seventy-five; commercial bribing and commercial bribe receiving pursuant to article one hundred eighty;, criminal impersonation and scheme to defraud pursuant to article one hundred ninety; bribery involving public servants and related offenses pursuant to article two hundred; perjury and related offenses pursuant to article two hundred ten; tampering with a witness, intimidating & victim or witness and tampering with physical evidence pursuant to article two hundred fifteen; criminal possession of controlled substance pursuant to
sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a controlled substance pursuant to sections 220.31, .220.34, 220.39, 220.41, 220.43 and 220.44; criminal sale of marijuana pursuant to sections 221.45, 221.50 and 221.55; riot in the first degree, aggravated harassment in the first degree, criminal nuisance in the first degree and falsely reporting an incident in the second or first degree pursuant to article two hundred forty; and crimes against public safety pursuant to article two hundred sixty-five of the penal law.
14. "Peace officer" shall mean a peace officer as defined by subdivision thirty-three of section 1.20 of the criminal procedure law, who has successfully completed the training requirements as set forth in subdivision one of section 2.30 of such law. 15. "Police officer" shall mean a police officer as defined by subdivision thirty-four of section 1.20 of the criminal procedure law.
§ 89-8. Employment of security guards. 1. Except as provided in this section, no security guard company shall knowingly employ a person as Security guard and no person shall be employed as a security guard or act as a security guard unless: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
The security guard company has verified with the department that such person possesses a valid registration card which has not expired or been revoked or suspended; or
b. Such security guard company has filed with the department in a manner prescribed by rules and regulations promulgated by the department, by certified mail:
(1) An application for a registration card completed and sworn to by such person pursuant to subdivision one of section eighty-nine-h of this article;
(ii) A certification by the security guard company that it has exercised due diligence to verify as true the information contained in such person's application;
(iii) A certification that such person has completed the preassignment training required by subdivision two of section eighty-nine-h of this article;
(iv). Two photographs of such person taken within thirty days prior to the filing of the application of a size prescribed by the secretary and two sets of fingerprints of such person. The fingerprints shall be taken on a standard fingerprint card approved by the division; and
(v) The fees prescribed by subdivision ten of section eighty-nine-h of this article.
2. It shall be incumbent upon each security guard company to exercise due diligence in verifying that the information contained in every
application for a registration card it files with the department is true provided, however, the secretary shall, upon consultation with the security guard
guard advisory Council, promulgate rules and regulations to specify the minimum due diligence required to be exercised by such panies in order to verify the information required pursuant to subdivisions five and seven of section eighty-nine-h of this article.
Except as provided in section seven hundred fifty-two of the correction law, no security guard company shall knowingly employ to perform security guard functions, any individual:
a. who has been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment; or b. who
any jurisdiction has been denied authorization to perform security guard functions or whose authorization to perform security, guard functions has been suspended or revoked on grounds which would constitute a basis for denying, suspending or revoking registration card in this state.
4. For each security guard employed by a security guard company as of the effective date of this section such security guard company shall at a time assigned by the secretary, pursuant to a staggered schedule, comply with the provisions of paragraphs a and b of subdivision one of this section and the provisions of section eighty-nine-n of this articie. Until the assigned filing date, such security guard company may continue to employ such person to perform security guard functions. No security guard company inay employ such person after the assigned filing date which has not complied with the provisions of paragraphs a and b of subdivision one of this section with respect to such person.
5. Within seven calendar days following the einployment, retirement, resignation or termination of a security guard by a security guard pany, such company shall give the department written notice thereof on a form prescribed by the department. 6. Insurance requirements. All
All security guard companies other than public entities which are self-insured shall file with the department certificate of insurance evidencing comprehensive general liability coverage from an insurance company licensed to do business in this state for death and personal injury, which coverage shall include false arrest or false imprisonment, malicious prosecution, libel, slander, and violation of right of privacy, in the minimum amount of one hundred thousand dollars per
occurrence and three hundred thousand dollars in the aggregate. The certificate shall provide that the insurance shall not be modified or cancelled unless thirty days prior notice shall be given to the department. After the effective date of this article, no security guard company shall knowingly have in its employ a security guard unless such coverage is in force and such certificate is filed with the department. Public entities which are self-insured shall file a state
ment to that effect satisfactory to the secretary in lieu of a certificate of insurance.
7. Every security guard company shall maintain for each security guard it employs, and for a period of year following the retireinent resignation or termination of such security guard's employment a copy of the application for a registration card, proof of due diligence to verify the information therein contained, one photograph and training records, after which year the security guard company
all such records and documents to be destroyed.
8. All security guard companies shall be subject to the enforcement provisions contained in article seven of this chapter.
§ 89-h. Requirements for a registration card. To qualify for a registration card to perform security guard functions, applicant shall fulfill the following requirements:
1. Application: file an application with the department sworn to or affirmed by the applicant in such form and including such information and attachments as may be prescribed or requested by the department upon consultation with the security guard advisory council including but not limited to the character and fitness, competence and employment history of the applicant; 2. Training: file a certificate with the department certifying that the applicant has satisfactorily completed a minimum of eight hours of pre-assignment training as prescribed by the division; 3. Age: be at least eighteen years of, age; 4. Citizenship: be a citizen or resident alien of the United States; 5. Criminal record: not have been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment; 6. Character and fitness; be of good moral character and fitness; 7. Competence: not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease defect which has not been removed;
8. Employment history: not have been discharged from a correctional or law enforcement agency for incompetence or misconduct as determined by a court of competent jurisdiction, administrative hearing officer, administrative law judge, arbitrator, arbitration panel or other, duly constituted tribunal, or resigned from such agency while charged with misconduct or incompetence; provided however, that an applicant who has been discharged or has resigned from such agency while charged with misconduct or incompetency may submit an explanation to the department and request a waiver of this requirement; 9. Disability: not have a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence alcohol or drugs which, as determined by the department, renders the applicant unfit to perform the usual duties of a security guard;
10: Fees: pay' (a) a fee of thirty-six dollars for processing of the application, investigation of the applicant and for the initial biennial registration period. Such fees shall be deposited to the credit of the licensing examinations services account established pursuant to the provisions of section ninety-seven-aa of the state finance law; and (b) a fee pursuant to subdivision eight-a of section eight hundred thirtyseven of the executive law, and amendments thereto, for the cost of its full search and retain procedures and a fee as determined by the federal bureau of investigation for the cost of its fingerprint search procedures, which fee shall be remitted by the department to the division;
11. Changes: give the department written notice, within fourteen calendar days of occurrence, of any change of circumstances which varies from the information previously given to the department hereunder. 9,89-1. Investigation. Within five business days after receipt of an
two sets of fingerprints and the fee required pursuant to paragraph (b) of subdiviSion ten of section eighty-nine-h of this article and cause to be conducted a search of state and federal fingerprint files to ascertain whether the applicant has been charged with or convicted of serious offense and may cause to be conducted an investigation to verify the inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
formation contained in the application provided, however, that the department shall cause such investigation to be conducted for applicants whose application has not been submitted and verified pursuant to section eighty-nine-g of this article.
§ 89-j. Security guard registry. The department shall pursuant to section ninety-nine of the executive law maintain a computerized registry.
§. 89-k. Issuance and denial of registration cards. 1. Requirements of registration cards. Unless the department determines that the applicant does not meet the requirements of section eighty-nine-h of this article or is unfit to perforin security guard functions, it shall issue a registration
in form prescribed by the department, which shall include, among other information, the expiration date of such card and any renewal
thereof, authorizing the applicant to perform security guard functions. If the department determines that an applicant does not meet the requirements of section eighty-nine-h of this article, it shall deny the application for a registration card. Upon issuance of the registration card denial of the application therefor, the department shall forthwith give notice of such issuance or denial to such applicant and to the
șecurity guard company which employs such applicant, by regular mail. Failure of the departinent to obtain a report of federal fingerprint files shall not alone constitute a ground for denying a registration card to an applicant.
2. Administrative review. Denial of a registration card hereunder shall be reviewable by administrative hearing set forth
in subdivisions two, three, four and five of section seventy-nine of this chapter
$ 89-1. Suspension, revocation and reissuance of registration cards. 1. Revocations and suspensions. The secretary or any person deputized by the secretary may suspend for a period not to exceed eighteen months or revoke any registration card issued pursuant to this article after hearing pursuant to this section.
2. Causes for revocation or suspension. A registration card issued pursuant to this article may be suspended or revoked for one or more of the following causes:
a. the holder is convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if mitted in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. the application contained a material false statement or omission the truth or inclusion of which would have resulted in denial of the application pursuant to section eighty-nine-k of this article;
c. the holder is in violation of any provisions of this article or the rules and regulations promulgated pursuant to this article;
d. employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public.
3. Procedure. The hearing required by subdivision one of this section shall be held pursuant to the state administrative procedure act, provided
however, that where a registration card has been temporarily suspended pursuant to paragraph b of subdivision four of this 'section, the hearing shall be held within thirty days and the ad judication shall be made within forty-five days following the service of notice of such hearing. If such hearing, is ad journed at the request of the holder or by reason of any act or omission by the holder or on the holder's behalf such suspension may be
continued for the additional period of such ad journment. Where å holder has been served with notice of hearing which has not been ad journed, and such holder without good cause fails to appear at the hearing, such hearing may proceed and an ad judication may be made in the absence of such holder.
4. Temporary suspension of registration cards.
a. Temporary suspension where the holder is charged with a serious offense. Where a holder is charged with a serious offense, such holder's registration card may be suspended (i) by the court pending any prosecu; tion for a serious offense. In order for the court to impose such suspension it must find that the accusatory instrument conforms to the requirements of section 140,40 of the criminal procedure law and there exists reasonable cause to believe that the holder committed the serious offense with which he is charged. At such time, the holder shall be entitled to opportunity to make a statement regarding the enumerated issues and to present witnesses and other evidence tending to rebut the court's findings. Where the suspension is imposed upon a pending charge
of a serious offense which is a class A nisdemeanor and the holder has requested a hearing pursuant to article one hundred seventy of the criminal procedure law, or where the suspension is imposed upon pending charge of a serious offense which is felony and the holder has requested a hearing pursuant to article one hundred eighty of the criminal procedure law, the court shall conduct such hearing. If upon completion of such hearing, the court fails to find that there is
reasonable cause to believe that the holder committed a serious offense, or if the charges are dismissed or the holder is acquitted of such charges or the conviction is reversed on appeal, the court shall promptly notify the secretary and direct restoration of such registration card unless such registration card is suspended or revoked pursuant to any other provision of this section. If a holder is convicted of a serious offense, the court shall promptly notify the secretary and the suspension shall remain in effect pending a hearing held pursuant to subdivision three of this section; or (ii) by an officer designated by the secretary pursuant to the state administrative procedure act to preside over a hearing, application by the secretary on notice to the holder, where such officer finds that such holder has been charged with a serious offense and sonable cause exists to believe that the holde committed the serious offense with which the holder is charged.
b. Temporary suspension pending hearing and ad judication. Pending the hearing and adjudication on suspension or revocation of registration card, the officer designated to preside over the hearing may, on application of the secretary with notice to the holder, suspend such registration card where (i) the holder has been convicted of a serious of fense, (ii) the holder has been charged with a serious offense and such officer finds that reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged, or (iii) such officer finds that reasonable cause exists to believe that the employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public. 5. No registration card
may be suspended pursuant to this section based upon the fact that a holder is charged with or convicted of one or pore serious offenses, or of a misdemeanor in the state or of any of fense in any other jurisdiction which, if committed in this state, would const itute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment unless:
a. there is a direct relationship between one or more such serious of fenses and the registration card employment of the holder security guard; or
b. the possession of registration card by the holder or the employment of the holder as a security guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
6. Fines. Where it is determined after hearing that the holder has violated one or more provisions of this article pursuant to paragraph c of subdivision two of this section, the secretary may, in lieu of revocation or suspension of the registration card of such holder, impose fine not to exceed one thousand dollars for each violation payable to the department.
7. Surrender of suspended or revoked registration card. a. When the court suspends a registration card pursuant to subparagraph (i) of paragraph a of subdivision four of this section, the holder shall forthwith surrender the registration card to the court and the court shall promptly send the registration card to the secretary.
b. Upon suspension or revocation of the registration card by the secFetary or by the officer designated by the secretary to preside over the cearing, pursuant to this section, the holder shall, if present at the
ne of such suspension or revocation, surrender the registration card forthwith. If the holder is not present at the time of such suspension or revocation, the secretary shall send notice of such suspension revocation to the holder at the address indicated on the registration card or such other last known address, by personal service or by certified oail return receipt requested, in which case the holder shall Wich in five days following receipt of such notice surrender the registration card by delivering
in person or by certified mail to a Location designated by the secretary. Notice of suspension or revocation EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law