§ 534-M — Security officer

New York § 534-M

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

Text

§ 534-m. Security officer. 1. No person shall act as a security\nofficer within the port of New York district in this state without first\nhaving obtained a license from the commission or previously, from the\nbi-state commission, and no person shall employ a security officer who\nis not so licensed.\n 2. A license to act as a security officer shall be issued only upon\nwritten application, duly verified, which shall state the following:\n (a) The full name, residence, business address (if any), place and\ndate of birth and social security number of the applicant;\n (b) The present and previous occupations of the applicant, including\nthe places where the person was employed and the names of the person's\nemployers;\n (c) The citizenship of the applicant and, if the person is a\nnaturalized citizen of the United States, the court and date of\nnaturalization; and\n (d) Such further facts and evidence as may be required by the\ncommission to ascertain the character, integrity and identity of the\napplicant.\n 3. No such license shall be granted:\n (a) Unless the commission shall be satisfied that the applicant\npossesses good character and integrity;\n (b) If the applicant has, without subsequent pardon, been convicted by\na court of the United States or of any state or territory thereof of the\ncommission of, or the attempt or conspiracy to commit, treason, murder,\nmanslaughter or any crime punishable by death or imprisonment for a term\nexceeding one year or any of the misdemeanors or offenses described in\nparagraph (b) of subdivision three of section five hundred thirty-four-f\nof this article;\n (c) Unless the applicant shall meet such reasonable standards of\nphysical and mental fitness for the discharge of a security officer's\nduties as may from time to time be established by the commission;\n (d) If the applicant shall be a member of any labor organization which\nrepresents longshore workers or pier superintendents or hiring agents;\nbut nothing in this section shall be deemed to prohibit security\nofficers from being represented by a labor organization or organizations\nwhich do not also represent longshore workers or pier superintendents or\nhiring agents. The American Federation of Labor and Congress of\nIndustrial Organizations and any other similar federation, congress or\nother organization of national or international occupational or\nindustrial labor organizations shall not be considered an organization\nwhich represents longshore workers or pier superintendents or hiring\nagents within the meaning of this section although one of the federated\nor constituent labor organizations thereof may represent longshore\nworkers or pier superintendents or hiring agents;\n (e) If the applicant knowingly or willfully advocates the desirability\nof overthrowing or destroying the government of the United States by\nforce or violence or shall be a member of a group which advocates such\ndesirability, knowing the purposes of such group include such 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 applicant\npossesses the qualifications and requirements prescribed by this section\nand regulations issued pursuant thereto, the commission shall issue and\ndeliver a license to the applicant. The commission may issue a temporary\npermit to any applicant for a license under the provisions of this\nsection pending final action on an application made for such a license.\nAny such permit shall be valid for a period not in excess of six months.\n 5. A license granted pursuant to this section shall continue for a\nterm of three years. A license may be renewed by the commission for\nsuccessive three-year periods upon fulfilling the same requirements as\nset forth in this section for an original application.\n 6. Notwithstanding any provision set forth in this section, a license\nto act as a security officer shall continue and need not be renewed,\nprovided the licensee shall, as required by the commission:\n (a) Submit to a medical examination and meet the physical and mental\nfitness standards established by the commission pursuant to paragraph\n(c) of subdivision three of this section;\n (b) Complete a refresher course of training; and\n (c) Submit supplementary personal history information.\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 other cause which would permit or require\nthe person's disqualification from receiving a license upon original\napplication;\n (b) Fraud, deceit or misrepresentation in securing the license; and\n (c) Any other offense described in paragraphs (c), (d), (e), (f), (g),\n(h), and (i) of subdivision seven of section five hundred thirty-four-f\nof this article.\n 8. The commission shall, at regular intervals, cancel the license or\ntemporary permit of a security officer who shall have failed during the\npreceding twelve months to have worked as a security officer in the port\nof New York district a minimum number of hours as shall have been\nestablished by the commission, except that immediate restoration of such\nlicense or temporary permit shall be made upon proper showing that the\nfailure to so work was caused by the fact that the licensee or permittee\nwas engaged in the military service of the United States or was\nincapacitated by ill health, physical injury or other good cause.\n 9. Any applicant for security officer ineligible for a license by\nreason of the provisions of paragraph (b) of subdivision three of this\nsection may petition for and the commission may issue an order removing\nthe ineligibility. A petition for an order to remove ineligibility may\nbe made to the commission before or after the hearing required by\nsection five hundred thirty-four-n of this article.\n