§ 89-H — Requirements for a registration card

§ 89-h. Requirements for a registration card. To qualify for a\nregistration card to perform security guard functions, an applicant\nshall fulfill the following requirements:\n 1. Application: file an application with the department sworn to or\naffirmed by the applicant in such form and including such information\nand attachments as may be prescribed or requested by the department upon\nconsultation with the security guard advisory council including but not\nlimited to the character and fitness, competence and employment history\nof the applicant;\n 2. Training: file a certificate with the department certifying either\nthat the applicant has satisfactorily completed a minimum of eight hours\nof pre-assignment training as prescribed by the division or that such\nrequirement has been waived in accordance with section eight hundred\nforty-one-c of the executive law;\n 3. Age: be at least eighteen years of age;\n 5. Criminal record: not have been convicted of a serious offense, or\nof a misdemeanor in the state or of any offense in any other\njurisdiction which, if committed in this state, would constitute a\nmisdemeanor, and which, in the discretion of the secretary, bears such a\nrelationship to the performance of the duties of a security guard, as to\nconstitute a bar to employment;\n 6. Character and fitness: be of good moral character and fitness;\n 7. Competence: not have been declared by any court of competent\njurisdiction to be incompetent by reason of mental disease or defect\nwhich has not been removed;\n 8. Employment history: not have been discharged from a correctional or\nlaw enforcement agency for incompetence or misconduct as determined by a\ncourt of competent jurisdiction, administrative hearing officer,\nadministrative law judge, arbitrator, arbitration panel or other duly\nconstituted tribunal, or resigned from such agency while charged with\nmisconduct or incompetence; provided however, that an applicant who has\nbeen discharged or has resigned from such agency while charged with\nmisconduct or incompetency may submit an explanation to the department\nand request a waiver of this requirement;\n 9. Disability: a physical or mental disability or disability by reason\nof intoxication or the use of, addiction to or dependence on alcohol or\ndrugs which, as determined by the department, renders the applicant\nunable to perform the essential functions of the security guard\nposition, with or without reasonable accommodation, or who, as\ndetermined by the department, poses a direct threat to health or safety;\n 10. Fees: pay (a) a fee of thirty-six dollars for processing of the\napplication, investigation of the applicant and for the initial biennial\nregistration period. Such fees shall be deposited to the credit of the\nbusiness and licensing services account established pursuant to the\nprovisions of section ninety-seven-y of the state finance law; and (b) a\nfee pursuant to subdivision eight-a of section eight hundred\nthirty-seven of the executive law, and amendments thereto, for the cost\nof the division's full search and retain procedures, and a fee as\ndetermined by the federal bureau of investigation for the cost of its\nfingerprint search procedures, which fees shall be remitted by the\ndepartment to the division and federal bureau of investigation; and\n 11. Changes: give the department written notice, within fourteen\ncalendar days of occurrence, of any change of circumstances which varies\nfrom the information previously given to the department hereunder.\n