§ 534-F — Pier superintendents and hiring agents

New York § 534-F

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-I: Waterfront Commission Act

Text

§ 534-f. Pier superintendents and hiring agents. 1. No person shall\nact as a pier superintendent or as a hiring agent within the port of New\nYork district in this state without first having obtained from the\ncommission or previously, from the bi-state commission, a license to act\nas such pier superintendent or hiring agent, as the case may be, and no\nperson shall employ or engage another person to act as a pier\nsuperintendent or hiring agent who is not so licensed.\n 2. A license to act as a pier superintendent or hiring agent shall be\nissued only upon the written application, under oath, of the person\nproposing to employ or engage another person to act as such pier\nsuperintendent or hiring agent, verified by the prospective licensee as\nto the matters concerning that person, and shall state the following:\n (a) The full name and business address of the applicant;\n (b) The full name, residence, business address (if any), place and\ndate of birth and social security number of the prospective licensee;\n (c) The present and previous occupations of the prospective licensee,\nincluding the places where the person was employed and the names of the\nperson's employers;\n (d) Such further facts and evidence as may be required by the\ncommission to ascertain the character, integrity and identity of the\nprospective licensee; and\n (e) That if a license is issued to the prospective licensee, the\napplicant will employ such licensee as pier superintendent or hiring\nagent, as the case may be.\n 3. No such license shall be granted:\n (a) Unless the commission shall be satisfied that the prospective\nlicensee possesses good character and integrity;\n (b) If the prospective licensee has, without subsequent pardon, been\nconvicted by a court of the United States, or any state or territory\nthereof, of the commission of, or the attempt or conspiracy to commit,\ntreason, murder, manslaughter or any crime punishable by death or\nimprisonment for a term exceeding three hundred sixty-four days or any\nof the following misdemeanors or offenses: illegally using, carrying or\npossessing a pistol or other dangerous weapon; making or possessing\nburglar's instruments; buying or receiving stolen property; unlawful\nentry of a building; aiding an escape from prison; unlawfully\npossessing, possessing with intent to distribute, sale or distribution\nof a controlled dangerous substance (controlled substance) or a\ncontrolled dangerous substance analog; and violation of this act. Any\nsuch prospective licensee ineligible for a license by reason of any such\nconviction may submit satisfactory evidence to the commission that such\nperson has for a period of not less than five years, measured as\nhereinafter provided, and up to the time of application, so acted in a\nmanner as to warrant the grant of such license, in which event the\ncommission may, in its discretion, issue an order removing such\nineligibility. The aforesaid period of five years shall be measured\neither from the date of payment of any fine imposed upon such person or\nthe suspension of sentence or from the date of the person's unrevoked\nrelease from custody by parole, commutation or termination of sentence;\n (c) If the prospective licensee knowingly or willfully advocates the\ndesirability of overthrowing or destroying the government of the United\nStates by force or violence or shall be a member of a group which\nadvocates such desirability, knowing the purposes of such group include\nsuch advocacy.\n 4. When the application shall have been examined and such further\ninquiry and investigation made as the commission shall deem proper and\nwhen the commission shall be satisfied therefrom that the prospective\nlicensee possesses the qualifications and requirements prescribed in\nthis section, the commission shall issue and deliver to the prospective\nlicensee a license to act as pier superintendent or hiring agent for the\napplicant, as the case may be, and shall inform the applicant of this\naction. The commission may issue a temporary permit to any prospective\nlicensee for a license under the provisions of this article pending\nfinal action on an application made for such a license. Any such permit\nshall be valid for a period not in excess of six months.\n 5. No person shall be licensed to act as a pier superintendent or\nhiring agent for more than one employer, except at a single pier or\nother waterfront terminal, but nothing in this section shall be\nconstrued to limit in any way the number of pier superintendents or\nhiring agents any employer may employ.\n 6. A license granted pursuant to this section shall continue through\nthe duration of the licensee's employment by the employer who shall have\napplied for the person's license.\n 7. Any license issued pursuant to this section may be revoked or\nsuspended for such period as the commission deems in the public interest\nor the licensee thereunder may be reprimanded for any of the following\noffenses:\n (a) Conviction of a crime or act by the licensee or other cause which\nwould require or permit the person's disqualification from receiving a\nlicense upon original application;\n (b) Fraud, deceit or misrepresentation in securing the license, or in\nthe conduct of the licensed activity;\n (c) Violation of any of the provisions of this act;\n (d) Criminal possession of a controlled substance or criminal sale of\na controlled substance;\n (e) Employing, hiring or procuring any person in violation of this act\nor inducing or otherwise aiding or abetting any person to violate the\nterms of this act;\n (f) Paying, giving, causing to be paid or given or offering to pay or\ngive to any person any valuable consideration to induce such other\nperson to violate any provision of this act or to induce any public\nofficer, agent or employee to fail to perform the person's duty\nhereunder;\n (g) Consorting with known criminals for an unlawful purpose, provided,\nhowever, that consorting without unlawful purpose shall be insufficient\ngrounds for revocation or suspension;\n (h) Transfer or surrender of possession of the license to any person\neither temporarily or permanently without satisfactory explanation;\n (i) False impersonation of another licensee under this act;\n (j) Receipt or solicitation of anything of value from any person other\nthan the licensee's employer as consideration for the selection or\nretention for employment of any longshore worker;\n (k) Coercion of a longshore worker to make purchases from or to\nutilize the services of any person;\n (l) Lending any money to or borrowing any money from a longshore\nworker for which there is a charge of interest or other consideration;\nand\n (m) Membership in a labor organization which represents longshore\nworkers or security officers; but nothing in this section shall be\ndeemed to prohibit pier superintendents or hiring agents from being\nrepresented by a labor organization or organizations which do not also\nrepresent longshore workers or security officers. The American\nFederation of Labor and Congress of Industrial Organizations and any\nother similar federation, congress or other organization of national or\ninternational occupational or industrial labor organizations shall not\nbe considered an organization which represents longshore workers or\nsecurity officers within the meaning of this section although one of the\nfederated or constituent labor organizations thereof may represent\nlongshore workers or security officers.\n 8. Any applicant for pier superintendent or hiring agent ineligible\nfor a license by reason of the provisions of paragraph (b) of\nsubdivision three of this section may petition for and the commission\nmay issue an order removing the ineligibility. A petition for an order\nto remove ineligibility may be made to the commission before or after\nthe hearing required by section five hundred thirty-four-n of this\narticle.\n