§ 69-O — License after examination; application

§ 69-o. License after examination; application. 1. After successfully\npassing the designated examination, any person over the age of eighteen\nyears, desiring a license to engage in the business of installing,\nservicing or maintaining security or fire alarm systems under this\narticle, may make application to the secretary of state therefor. The\napplication shall be subscribed by the applicant and affirmed by him as\ntrue under the penalties of perjury. The application shall be in such\nform and shall contain such information relative to the applicant and\nhis qualifications as may be prescribed by the secretary of state. Each\napplication shall be accompanied by:\n (a) Two recent photographs of the applicant of a size prescribed by\nthe secretary of state and two sets of fingerprints of the applicant to\nbe recorded in such manner as the secretary of state may prescribe by\nrule. The fingerprints shall be taken on a standard fingerprint card\napproved for fingerprinting by the state division of criminal justice\nservices and shall be accompanied by the appropriate processing fees in\nproper form for the division of criminal justice services;\n (b) Evidence of education satisfactory to the secretary of state which\nshall include evidence of the successful completion of a course of study\nin a school duly licensed pursuant to the education law or approved by\nthe board of regents as a school qualified to instruct students in the\nfield of security or fire alarm systems or can demonstrate to the\nsatisfaction of the secretary of state that he has successfully\ncompleted an approved industry sponsored training program; and\n (c) Evidence of having successfully passed the required examination.\n 2. After the filing of an applicant's fingerprint cards, the secretary\nof state shall forward such fingerprints to the division of criminal\njustice services to be compared with the fingerprints on file with the\ndivision of criminal justice services in order to ascertain whether the\napplicant has been convicted of a felony involving fraud, bribery,\nperjury or theft pursuant to article one hundred forty, one hundred\nfifty-five, one hundred sixty, one hundred sixty-five, one hundred\nseventy, one hundred seventy-five, one hundred seventy-six, one hundred\neighty, one hundred eighty-five, one hundred ninety, one hundred\nninety-five, two hundred or two hundred ten of the penal law; or has a\ncriminal action which has been pending for such a felony for under one\nyear without a final disposition unless adjourned in contemplation of\ndismissal; provided, however, that for the purposes of this article,\nnone of the following shall be considered criminal convictions or\nreported as such:\n (a) A conviction which has been vacated and replaced by a youthful\noffender finding pursuant to article seven hundred twenty of the\ncriminal procedure law, or the applicable provisions of law of any other\njurisdiction; or\n (b) A conviction the records of which have been expunged or sealed\npursuant to the applicable provisions of the laws of this state or of\nany other jurisdiction; or\n (c) A conviction for which a certificate of relief from disabilities\nor a certificate of good conduct has been issued pursuant to the\ncorrection law.\n The division of criminal justice services shall retain the fingerprint\ncards and return the report of such convictions or pending cases, if\nany, to the secretary of state who shall retain them in a confidential\nfile for no more than one year, after which time such report shall be\ndestroyed.\n The secretary of state shall deny the application of any individual\nconvicted of a felony involving fraud, bribery, perjury or theft\npursuant to article one hundred forty, one hundred fifty-five, one\nhundred sixty, one hundred sixty-five, one hundred seventy, one hundred\nseventy-five, one hundred seventy-six, one hundred eighty, one hundred\neighty-five, one hundred ninety, one hundred ninety-five, two hundred or\ntwo hundred ten of the penal law; or has a criminal action which has\nbeen pending for such a felony for under one year without a final\ndisposition unless adjourned in contemplation of dismissal; provided,\nhowever, that for the purposes of this article, none of the following\nshall be considered criminal convictions or reported as such:\n (i) A conviction which has been vacated and replaced by a youthful\noffender finding pursuant to article seven hundred twenty of the\ncriminal procedure law, or the applicable provisions of law of any other\njurisdiction; or\n (ii) A conviction the records of which have been expunged or sealed\npursuant to the applicable provisions of the laws of this state or of\nany other jurisdiction; or\n (iii) A conviction for which a certificate of relief from disabilities\nor a certificate of good conduct has been issued pursuant to the\ncorrection law.\n 3. The secretary of state shall prepare question papers which shall be\nthe same for all applications at any given examination. The questions\nmay be partly written and partly oral and shall not be confined to any\nspecific method or system. In addition, a portion of the examination may\ninclude testing of practical skills through various exercises. No person\nshall receive a license hereunder who has not actually demonstrated to\nthe secretary of state his ability and fitness to engage in the business\nof installing, servicing or maintaining security or fire alarm systems\nin such practical tests as may be required by the secretary of state.\n 4. Examinations shall be in the English language and shall be held at\nleast quarterly and shall be given in at least four convenient places in\nthe state.\n 5. There shall be an examination fee of fifteen dollars.\n 6. When an applicant has successfully passed the examination therefor,\nand has otherwise qualified for a license, the secretary of state on\npayment of the fee prescribed by this article, shall issue to such\napplicant a license to engage in the business of installing, servicing\nor maintaining security or fire alarm systems.\n