Section 69-O. License after examination; application

1. After successfully
  passing the designated examination, any person over the age of  eighteen
  years,  desiring  a  license  to  engage  in the business of installing,
  servicing or maintaining security  or  fire  alarm  systems  under  this
  article,  may  make  application to the secretary of state therefor. The
  application shall be subscribed by the applicant and affirmed by him  as
  true  under  the  penalties of perjury. The application shall be in such
  form and shall contain such information relative to  the  applicant  and
  his  qualifications as may be prescribed by the secretary of state. Each
  application shall be accompanied by:
    (a) Two recent photographs of the applicant of a  size  prescribed  by
  the  secretary of state and two sets of fingerprints of the applicant to
  be recorded in such manner as the secretary of state  may  prescribe  by
  rule.  The  fingerprints  shall  be taken on a standard fingerprint card
  approved for fingerprinting by the state division  of  criminal  justice
  services  and shall be accompanied by the appropriate processing fees in
  proper form for the division of criminal justice services;
    (b) Evidence of education satisfactory to the secretary of state which
  shall include evidence of the successful completion of a course of study
  in a school duly licensed pursuant to the education law or  approved  by
  the  board  of regents as a school qualified to instruct students in the
  field of security or fire  alarm  systems  or  can  demonstrate  to  the
  satisfaction  of  the  secretary  of  state  that  he  has  successfully
  completed an approved industry sponsored training program; and
    (c) Evidence of having successfully passed the required examination.
    2. After the filing of an applicant's fingerprint cards, the secretary
  of state shall forward such fingerprints to  the  division  of  criminal
  justice  services  to be compared with the fingerprints on file with the
  division of criminal justice services in order to ascertain whether  the
  applicant  has  been  convicted  of  a  felony involving fraud, bribery,
  perjury or theft pursuant to article  one  hundred  forty,  one  hundred
  fifty-five,  one  hundred  sixty,  one  hundred  sixty-five, one hundred
  seventy, one hundred seventy-five, one hundred seventy-six, one  hundred
  eighty,  one  hundred  eighty-five,  one  hundred  ninety,  one  hundred
  ninety-five, two hundred or two hundred ten of the penal law; or  has  a
  criminal  action  which has been pending for such a felony for under one
  year without a final disposition unless adjourned  in  contemplation  of
  dismissal;  provided,  however,  that  for the purposes of this article,
  none of the  following  shall  be  considered  criminal  convictions  or
  reported as such:
    (a)  A  conviction  which  has been vacated and replaced by a youthful
  offender finding  pursuant  to  article  seven  hundred  twenty  of  the
  criminal procedure law, or the applicable provisions of law of any other
  jurisdiction; or
    (b)  A  conviction  the  records of which have been expunged or sealed
  pursuant to the applicable provisions of the laws of this  state  or  of
  any other jurisdiction; or
    (c)  A  conviction for which a certificate of relief from disabilities
  or a certificate of  good  conduct  has  been  issued  pursuant  to  the
  correction law.
    The division of criminal justice services shall retain the fingerprint
  cards  and  return  the  report of such convictions or pending cases, if
  any, to the secretary of state who shall retain them in  a  confidential
  file  for  no  more than one year, after which time such report shall be
  destroyed.
    The secretary of state shall deny the application  of  any  individual
  convicted  of  a  felony  involving  fraud,  bribery,  perjury  or theft
  pursuant to article one  hundred  forty,  one  hundred  fifty-five,  one

  hundred  sixty, one hundred sixty-five, one hundred seventy, one hundred
  seventy-five, one hundred seventy-six, one hundred eighty,  one  hundred
  eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
  two  hundred  ten  of  the penal law; or has a criminal action which has
  been pending for such a felony  for  under  one  year  without  a  final
  disposition  unless  adjourned  in contemplation of dismissal; provided,
  however, that for the purposes of this article, none  of  the  following
  shall be considered criminal convictions or reported as such:
    (i)  A  conviction  which  has been vacated and replaced by a youthful
  offender finding  pursuant  to  article  seven  hundred  twenty  of  the
  criminal procedure law, or the applicable provisions of law of any other
  jurisdiction; or
    (ii)  A  conviction  the records of which have been expunged or sealed
  pursuant to the applicable provisions of the laws of this  state  or  of
  any other jurisdiction; or
    (iii) A conviction for which a certificate of relief from disabilities
  or  a  certificate  of  good  conduct  has  been  issued pursuant to the
  correction law.
    3. The secretary of state shall prepare question papers which shall be
  the same for all applications at any given  examination.  The  questions
  may  be  partly written and partly oral and shall not be confined to any
  specific method or system. In addition, a portion of the examination may
  include testing of practical skills through various exercises. No person
  shall receive a license hereunder who has not actually  demonstrated  to
  the secretary of state his ability and fitness to engage in the business
  of  installing,  servicing or maintaining security or fire alarm systems
  in such practical tests as may be required by the secretary of state.
    4. Examinations shall be in the English language and shall be held  at
  least quarterly and shall be given in at least four convenient places in
  the state.
    5. There shall be an examination fee of fifteen dollars.
    6. When an applicant has successfully passed the examination therefor,
  and  has  otherwise  qualified  for a license, the secretary of state on
  payment of the fee prescribed by  this  article,  shall  issue  to  such
  applicant  a  license to engage in the business of installing, servicing
  or maintaining security or fire alarm systems.