Section 89-H. Requirements for a registration card  


Latest version.
  • To  qualify for a
      registration card to perform  security  guard  functions,  an  applicant
      shall fulfill the following requirements:
        1.  Application:  file  an application with the department sworn to or
      affirmed by the applicant in such form and  including  such  information
      and attachments as may be prescribed or requested by the department upon
      consultation  with the security guard advisory council including but not
      limited to the character and fitness, competence and employment  history
      of the applicant;
        2.  Training: file a certificate with the department certifying either
      that the applicant has satisfactorily completed a minimum of eight hours
      of pre-assignment training as prescribed by the division  or  that  such
      requirement  has  been  waived  in accordance with section eight hundred
      forty-one-c of the executive law;
        3. Age: be at least eighteen years of age;
        4. Citizenship: be a citizen or resident alien of the United States;
        5. Criminal record: not have been convicted of a serious  offense,  or
      of  a  misdemeanor  in  the  state  or  of  any  offense  in  any  other
      jurisdiction which, if committed  in  this  state,  would  constitute  a
      misdemeanor, and which, in the discretion of the secretary, bears such a
      relationship to the performance of the duties of a security guard, as to
      constitute a bar to employment;
        6. Character and fitness: be of good moral character and fitness;
        7.  Competence:  not  have  been  declared  by  any court of competent
      jurisdiction to be incompetent by reason of  mental  disease  or  defect
      which has not been removed;
        8. Employment history: not have been discharged from a correctional or
      law enforcement agency for incompetence or misconduct as determined by a
      court   of   competent  jurisdiction,  administrative  hearing  officer,
      administrative law judge, arbitrator, arbitration panel  or  other  duly
      constituted  tribunal,  or  resigned from such agency while charged with
      misconduct or incompetence; provided however, that an applicant who  has
      been  discharged  or  has  resigned  from such agency while charged with
      misconduct or incompetency may submit an explanation to  the  department
      and request a waiver of this requirement;
        9. Disability: a physical or mental disability or disability by reason
      of  intoxication or the use of, addiction to or dependence on alcohol or
      drugs which, as determined by  the  department,  renders  the  applicant
      unable  to  perform  the  essential  functions  of  the  security  guard
      position,  with  or  without  reasonable  accommodation,  or   who,   as
      determined by the department, poses a direct threat to health or safety;
        10.  Fees:  pay  (a) a fee of thirty-six dollars for processing of the
      application, investigation of the applicant and for the initial biennial
      registration period. Such fees shall be deposited to the credit  of  the
      business  and  licensing  services  account  established pursuant to the
      provisions of section ninety-seven-y of the state finance law; and (b) a
      fee  pursuant  to  subdivision  eight-a   of   section   eight   hundred
      thirty-seven  of the executive law, and amendments thereto, for the cost
      of the division's full search  and  retain  procedures,  and  a  fee  as
      determined  by  the  federal bureau of investigation for the cost of its
      fingerprint search procedures, which  fees  shall  be  remitted  by  the
      department to the division and federal bureau of investigation; and
        11.  Changes:  give  the  department  written  notice, within fourteen
      calendar days of occurrence, of any change of circumstances which varies
      from the information previously given to the department hereunder.