§ 174 — Procedure upon application; grant of license

§ 174. Procedure upon application; grant of license. 1. Upon the\nreceipt of an application for a license, the commissioner shall cause\nthe name and address of the applicant, the name under which the\nemployment agency is to be conducted, and the street and number of the\nplace where the agency is to be conducted, to be posted on the\ncommissioner's website, as well as in a conspicuous place in his public\noffice. Such agency shall be used exclusively as an employment agency\nand for no other purpose, except as hereinafter provided. The\ncommissioner shall investigate or cause to be investigated the character\nand responsibility of the applicant and agency manager and shall examine\nor cause to be examined the premises designated in such application as\nthe place in which it is proposed to conduct such agency.\n The commissioner shall require all applicants for licenses and agency\nmanagers to be fingerprinted. Such fingerprints shall be submitted to\nthe division of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may be submitted to the federal\nbureau of investigation for a national criminal history record check.\nThe criminal history information, if any, received by the commissioner\nshall be considered in accordance with the provisions of article\ntwenty-three-A of the correction law and subdivisions fifteen and\nsixteen of section two hundred ninety-six of the executive law. A\nreasonable time before making a determination on the application\npursuant to this subdivision, the commissioner shall provide the\napplicant with a copy of the applicant's criminal history information,\nif any. Where such criminal history information is provided, the\ncommissioner shall also provide a copy of article twenty-three-A of the\ncorrection law, and inform such applicant of his or her right to seek\ncorrection of any incorrect information contained in such criminal\nhistory information pursuant to the regulations and procedures\nestablished by the division of criminal justice services.\n 2. Any person may file, within one week after such application is so\nposted, a written protest against the issuance of such license. Such\nprotest shall be in writing and signed by the person filing the same or\nhis authorized agent or attorney, and shall state reasons why the said\nlicense should not be granted. Upon the filing of such protest the\ncommissioner shall appoint a time and place for the hearing of such\napplication, and shall give at least five days' notice of such time and\nplace to the applicant and the person filing such protest. The\ncommissioner may administer oaths, subpoena witnesses and take testimony\nin respect to the matters contained in such application and protests or\ncomplaints of any character for violation of this article, and may\nreceive evidence in the form of affidavits pertaining to such matters.\nIf it shall appear upon such hearing or from the inspection, examination\nor investigation made by the commissioner that the applicant or agency\nmanager is not a person of good character or responsibility; or that he\nor the agency manager has not had at least two years experience as a\nplacement employee, vocational counsellor or in related activities, or\nother satisfactory business experience which similarly tend to establish\nthe competence of such individual to direct and operate the placement\nactivities of the agency; or that the place where such agency is to be\nconducted is not a suitable place therefor; or that the applicant has\nnot complied with the provisions of this article; the said application\nshall be denied and a license shall not be granted. Each application\nshould be granted or refused within thirty days from the date of its\nfiling.\n 3. Any license heretofore issued shall run to the first Tuesday of May\nnext following the date thereof and no later, unless sooner revoked by\nthe commissioner. On and after May first, nineteen hundred seventy-six,\nlicenses shall run to May first, nineteen hundred seventy-eight;\nthereafter to May first of every second year. A separate license shall\nbe required for each branch of any agency.\n 4. No license shall be granted to a person to conduct the business of\nan employment agency in rooms used for living purposes or where boarders\nor lodgers are kept or where meals are served or where persons sleep or\nin connection with a building or premises where intoxicating liquors are\nsold to be consumed on the premises, excepting cafes and restaurants in\noffice buildings. No license shall be granted to a person to conduct the\nbusiness of an employment agency where the name of the employment agency\ndirectly or indirectly expresses or connotes any limitation,\nspecification or discrimination as to race, creed, color, age, sex,\nnational origin, disability or marital status, and the lack of intent on\nthe part of the applicant for the license to make any such limitation,\nspecification or discrimination shall be immaterial, except that any\npresently licensed employment agency bearing a name which directly or\nindirectly expresses or connotes any such limitation, specification or\ndiscrimination may continue to use its present name and may have its\nlicense renewed using its present name, provided that it display under\nsuch name, wherever it appears, a statement to the effect that its\nservices are rendered without limitation, specification or\ndiscrimination as to race, creed, color, age, sex, national origin,\ndisability or marital status.\n