§ 89-vvv. Conditional letter of authority; issuance of registration\ncard; suspension or revocation; renewal.
1.Upon review of the completed\napplication required by section eighty-nine-rrr of this article and\nafter the applicant has met the qualifications of section\neighty-nine-qqq of this article, the department shall issue a\nconditional letter of authority, in a form prescribed by the secretary,\nto such applicant within five business days after receipt of the\ncompleted application. Any such applicant may be employed by an armored\ncar carrier, pending his or her satisfaction of the requirements of\nsection eighty-nine-sss of this article not later than one hundred\neighty days after the date of submission of the completed application.\n 2. Upon review of the completed applicat
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§ 89-vvv. Conditional letter of authority; issuance of registration\ncard; suspension or revocation; renewal. 1. Upon review of the completed\napplication required by section eighty-nine-rrr of this article and\nafter the applicant has met the qualifications of section\neighty-nine-qqq of this article, the department shall issue a\nconditional letter of authority, in a form prescribed by the secretary,\nto such applicant within five business days after receipt of the\ncompleted application. Any such applicant may be employed by an armored\ncar carrier, pending his or her satisfaction of the requirements of\nsection eighty-nine-sss of this article not later than one hundred\neighty days after the date of submission of the completed application.\n 2. Upon review of the completed application required by section\neighty-nine-rrr of this article and after the applicant has met the\nqualifications of section eighty-nine-qqq of this article and satisfied\nthe requirements of section eighty-nine-sss of this article, the\ndepartment shall issue a registration card, in a form prescribed by the\nsecretary, which shall include the guard's name, photograph, card\nnumber, expiration date, and any other information the department deems\nnecessary. The department shall issue or deny issuance of such\nregistration card within ninety days after receipt of a completed\napplication therefor. Denial of a registration card hereunder shall be\nreviewable by an administrative hearing as set forth in subdivisions\ntwo, three, four, five and six of section seventy-nine of this chapter.\n 3. The secretary may suspend, for a period not to exceed eighteen\nmonths, revoke, or refuse to reissue, as the case may be, a conditional\nletter of authority or registration card issued pursuant to this\nsection, after a hearing pursuant to subdivisions two, three, four, five\nand six of section seventy-nine of this chapter, for one or more of the\nfollowing causes:\n a. the holder is convicted of a serious offense or a misdemeanor\nwhich, in the discretion of the secretary, bears such a relationship to\nthe performance of the duties of an armored car guard, as to constitute\na bar to employment;\n b. the holder has practiced fraud, deceit or misrepresentation;\n c. the holder is in violation of any provisions of this article or the\nrules and regulations promulgated hereunder; or\n d. the possession of a license as an armored car guard would involve\nan unreasonable risk to property or to the safety or welfare of specific\nindividuals or the general public.\n 4. Pending the hearing and adjudication on suspension or revocation of\na conditional letter of authority or registration card pursuant to the\nprovisions of subdivision three of this section, such conditional letter\nof authority or registration card may be temporarily suspended, in\naccordance with the provisions of subdivision four of section\neighty-nine-l of this chapter, provided that such subdivision shall be\nread in such a manner as to apply to armored car carriers or armored car\nguards as the context requires. The secretary shall revoke a\nconditional letter of authority or registration card issued to any\nholder pursuant to this section, after a hearing pursuant to\nsubdivisions two, three, four, five and six of section seventy-nine of\nthis chapter, upon proof that, on or after the date such holder applied\nfor such conditional letter of authority or registration card, the\nholder was convicted of one or more serious offenses.\n 5. No conditional letter of authority or registration card may be\nsuspended or temporarily suspended pursuant to this section based upon\nthe fact that a holder is charged with one or more serious offenses, or\ncharged with or convicted of a misdemeanor which, in the discretion of\nthe secretary, bears such a relationship to the performance of the\nduties of an armored car guard, as to constitute a bar to employment\nunless:\n a. there is a direct relationship between one or more such serious\noffenses and the conditional letter, registration card or employment of\nthe holder as an armored car guard; or\n b. the possession of a conditional letter or registration card by the\nholder or the employment of the holder as an armored car guard would\ninvolve an unreasonable risk to property or to the safety or welfare of\nspecific individuals or the general public.\n 6. The secretary, or the officer designated by the secretary to\npreside over the hearing pursuant to this section, shall forthwith give\nwritten notice of the suspension, revocation or nonrenewal of a\nconditional letter of authority or registration card, to the holder and\nthe armored car carrier by which the holder was employed at the time of\nsuch suspension, revocation or nonrenewal. Any such order may be\nreviewed in the manner provided by article seventy-eight of the civil\npractice law and rules.\n 7. A registration card issued pursuant to subdivision two of this\nsection shall be reissued biennially by the secretary upon timely\napplication therefor and submission of a renewal processing fee of fifty\ndollars.\n