§ 89-L — Suspension, revocation and reissuance of registration cards

§ 89-l. Suspension, revocation and reissuance of registration cards.\n1. Revocations and suspensions. The secretary or any person deputized by\nthe secretary may suspend for a period not to exceed eighteen months or\nrevoke any registration card issued pursuant to this article after a\nhearing pursuant to this section, except that, where revocation is\nsought based solely upon the holder having been convicted of a serious\noffense, the secretary shall provide notice to the holder, at the\nholder's registration address as maintained by the department, that the\nholder's registration card will be revoked on a date certain, but not\nless than thirty-five days after the date of the notice, unless the\nholder requests an administrative hearing pursuant to this section\nwithin said thirty-five day period.\n 2. Causes for revocation or suspension. A registration card issued\npursuant to this article may be suspended or revoked for one or more of\nthe following causes:\n a. the holder is convicted of a serious offense, or of a misdemeanor\nin the state 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 b. the application contained a material false statement or omission\nthe truth or inclusion of which would have resulted in denial of the\napplication pursuant to section eighty-nine-k of this article;\n c. the holder is in violation of any provisions of this article or the\nrules and regulations promulgated pursuant to this article;\n d. employment of the holder as a security guard constitutes a danger\nto the health, safety or well-being of the public.\n 3. Procedure. The hearing required by subdivision one of this section\nshall be held pursuant to the state administrative procedure act,\nprovided, however, that where a registration card has been temporarily\nsuspended pursuant to paragraph b of subdivision four of this section,\nthe hearing shall be held within thirty days and the adjudication shall\nbe made within forty-five days following the service of notice of such\nhearing. If such hearing is adjourned at the request of the holder or by\nreason of any act or omission by the holder or on the holder's behalf\nsuch suspension may be continued for the additional period of such\nadjournment. Where a holder has been served with notice of hearing which\nhas not been adjourned and such holder without good cause fails to\nappear at the hearing, such hearing may proceed and an adjudication may\nbe made in the absence of such holder.\n 4. Temporary suspension of registration cards.\n a. Temporary suspension where the holder is charged with a serious\noffense. Where a holder is charged with a serious offense, such holder's\nregistration card may be suspended (i) by the court pending any\nprosecution for a serious offense. In order for the court to impose such\nsuspension it must find that the accusatory instrument conforms to the\nrequirements of section 140.40 of the criminal procedure law and there\nexists reasonable cause to believe that the holder committed the serious\noffense with which he is charged. At such time, the holder shall be\nentitled to an opportunity to make a statement regarding the enumerated\nissues and to present witnesses and other evidence tending to rebut the\ncourt's findings. Where the suspension is imposed upon a pending charge\nof a serious offense which is a class A misdemeanor and the holder has\nrequested a hearing pursuant to article one hundred seventy of the\ncriminal procedure law, or where the suspension is imposed upon a\npending charge of a serious offense which is a felony and the holder has\nrequested a hearing pursuant to article one hundred eighty of the\ncriminal procedure law, the court shall conduct such hearing. If upon\ncompletion of such hearing, the court fails to find that there is\nreasonable cause to believe that the holder committed a serious offense,\nor if the charges are dismissed or the holder is acquitted of such\ncharges or the conviction is reversed on appeal, the court shall\npromptly notify the secretary and direct restoration of such\nregistration card unless such registration card is suspended or revoked\npursuant to any other provision of this section. If a holder is\nconvicted of a serious offense, the court shall promptly notify the\nsecretary and the suspension shall remain in effect pending a hearing\nheld pursuant to subdivision three of this section; or (ii) by an\nofficer designated by the secretary pursuant to the state administrative\nprocedure act to preside over a hearing, on application by the secretary\non notice to the holder, where such officer finds that such holder has\nbeen charged with a serious offense and reasonable cause exists to\nbelieve that the holder committed the serious offense with which the\nholder is charged.\n b. Temporary suspension pending hearing and adjudication. Pending the\nhearing and adjudication on suspension or revocation of a registration\ncard, the officer designated to preside over the hearing may, on\napplication of the secretary with notice to the holder, suspend such\nregistration card where (i) the holder has been convicted of a serious\noffense, (ii) the holder has been charged with a serious offense and\nsuch officer finds that reasonable cause exists to believe that the\nholder committed the serious offense with which the holder is charged,\nor (iii) such officer finds that reasonable cause exists to believe that\nthe employment of the holder as a security guard constitutes a danger to\nthe health, safety or well-being of the public.\n 5. No registration card may be suspended pursuant to this section\nbased upon the fact that a holder is charged with or convicted of one or\nmore serious offenses, or of a misdemeanor in the state which, in the\ndiscretion of the secretary, bears such a relationship to the\nperformance of the duties of a security guard, as to constitute a bar to\nemployment unless:\n a. there is a direct relationship between one or more such serious\noffenses and the registration card or employment of the holder as a\nsecurity guard; or\n b. the possession of a registration card by the holder or the\nemployment of the holder as a security guard would involve an\nunreasonable risk to property or to the safety or welfare of specific\nindividuals or the general public.\n 6. Fines. Where it is determined after hearing that the holder has\nviolated one or more provisions of this article pursuant to paragraph c\nof subdivision two of this section, the secretary may, in lieu of\nrevocation or suspension of the registration card of such holder, impose\na fine not to exceed one thousand dollars for each violation payable to\nthe department.\n 7. Surrender of suspended or revoked registration card. a. When the\ncourt suspends a registration card pursuant to subparagraph (i) of\nparagraph a of subdivision four of this section, the holder shall\nforthwith surrender the registration card to the court and the court\nshall promptly send the registration card to the secretary.\n b. Upon suspension or revocation of the registration card by the\nsecretary or by the officer designated by the secretary to preside over\nthe hearing, pursuant to this section, the holder shall, if present at\nthe time of such suspension or revocation, surrender the registration\ncard forthwith. If the holder is not present at the time of such\nsuspension or revocation, the secretary shall send notice of such\nsuspension or revocation to the holder at the address indicated on the\nregistration card or such other last known address, by personal service\nor by certified mail return receipt requested, in which case the holder\nshall within five days following receipt of such notice surrender the\nregistration card by delivering same in person or by certified mail to a\nlocation designated by the secretary. Notice of suspension or revocation\nshall be given by the secretary to the security guard company by which\nthe holder was employed at the time of such suspension or revocation.\n 8. Reissuance of registration card. A suspended or revoked\nregistration card may be reissued only by the secretary or by a person\ndeputized by the secretary. Except as otherwise provided in this\nsection, where a registration card has been revoked, it may not be\nreissued for at least one year following revocation.\n