§ 81 — Employees

New York § 81

• Jurisdiction: New York
• Law GBS: General Business
• Art. 7: Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies

Text

§ 81. Employees. 1. The holder of any license certificate issued\npursuant to this article may employ to assist him in his work of private\ndetective or investigator or bail enforcement agent as described in\nsection seventy-one of this article and in the conduct of such business\nas many persons as he may deem necessary, and shall at all times during\nsuch employment be legally responsible for the good conduct in the\nbusiness of each and every person so employed.\n No holder of any unexpired license certificate issued pursuant to this\narticle shall knowingly employ in connection with his or its business in\nany capacity whatsoever, any person who has been convicted of a felony\nor any of the offenses specified in subdivision two of section\nseventy-four of this article, and who has not subsequent to such\nconviction received executive pardon therefor removing this disability,\nor received a certificate of relief from disabilities or a certificate\nof good conduct pursuant to article twenty-three of the correction law\nto remove the disability under this section because of such a\nconviction, or any person whose private detective or investigator's\nlicense or bail enforcement agent's license was revoked or application\nfor such license was denied by the department of state or by the\nauthorities of any other state or territory because of conviction of any\nof such offenses. Should the holder of an unexpired license certificate\nfalsely state or represent that a person is or has been in his employ,\nsuch false statement or misrepresentation shall be sufficient cause for\nthe revocation of such license. Any person falsely stating or\nrepresenting that he is or has been a detective or employed by a\ndetective agency or that he is or has been a bail enforcement agent or\nemployed by a bail enforcement agency shall be guilty of a misdemeanor.\n 2. No person shall hereafter be employed by any holder of a license\ncertificate until he shall have executed and furnished to such license\ncertificate holder a verified statement, to be known as "employee's\nstatement," setting forth:\n (a) His full name, age and residence address.\n (b) The business or occupation engaged in for the three years\nimmediately preceding the date of the filing of the statement, setting\nforth the place or places where such business or occupation was engaged\nin, and the name or names of employers, if any.\n (c) That he has not been convicted of a felony or of any offense\ninvolving moral turpitude or of any of the misdemeanors or offenses\ndescribed in subdivision one of this section.\n (d) Such further information as the department of state may by rule\nrequire to show the good character, competency, and integrity of the\nperson executing the statement.\n 3. Immediately upon the verification of an employee's statement, the\nholder of a license certificate by whom such person has been or is to be\nemployed shall cause two sets of fingerprints of the two hands of such\nperson to be recorded in such manner as the department of state may by\nrule prescribe. The holder of a license certificate shall immediately\nstamp in indelible ink the employee's statement and each set of\nfingerprints with the name, year and license certificate number of such\nholder and a number, which number shall be determined by the number of\nsuch statements furnished to such holder and shall be in numerical\nsequence.\n 4. The holder of a license certificate shall affix one set of such\nfingerprints to the employee's statement in such manner that the prints\ncan be examined without disclosing the contents of the employee's\nstatement and shall retain such statement and prints so long as he shall\nbe licensed under this article by the department of state.\n 5. The holder of a license certificate shall file the other set of\nfingerprints with the department of state by forwarding the same by\nregistered mail to the office of the secretary of state, Albany, New\nYork, within twenty-four hours of such employment.\n 6. Within five days after the filing of such fingerprints the\nsecretary of state shall cause such fingerprints to be compared with\nfingerprints filed with the division of criminal justice services and,\nif he finds any record of any conviction as defined in the criminal\nprocedure law of a felony or any other offense specified in subdivision\none of this section, he shall immediately notify the holder of such\nlicense certificate and shall also refer the matter to the\nattorney-general. The secretary of state may also submit fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check and may, from time to time, cause such fingerprints to be\nchecked against the fingerprints filed with the division of criminal\njustice services or of other official fingerprint files within or\nwithout this state, and if he finds that such person has been convicted\nof a felony or any other offense specified in subdivision one of this\nsection he shall immediately notify the holder of such license\ncertificate and shall also refer the matter to the attorney-general. The\nsecretary of state shall at all times be given access to and may from\ntime to time examine the fingerprints retained by the holder of a\nlicense certificate as provided in subdivision four of this section.\n 7. If any holder of a certificate shall file with the department of\nstate the fingerprints of a person other than the person so employed, he\nshall be subject to a fine not exceeding five thousand dollars ($5,000)\nor to imprisonment not exceeding one year, or both.\n 8. The provisions of this section shall not be applicable to security\nguards or the employment of security guards by licensees.\n