Section 81. Employees

1.  The  holder  of any license certificate issued
  pursuant to this article may employ to assist him in his work of private
  detective or investigator or bail  enforcement  agent  as  described  in
  section  seventy-one and in the conduct of such business as many persons
  as he may deem necessary, and shall at all times during such  employment
  be  legally responsible for the good conduct in the business of each and
  every person so employed.
    No holder of any unexpired license certificate issued pursuant to this
  article shall knowingly employ in connection with his or its business in
  any capacity whatsoever, any person who has been convicted of  a  felony
  or  any  of  the  offenses  specified  in  subdivision  two  of  section
  seventy-four of this  chapter,  and  who  has  not  subsequent  to  such
  conviction  received executive pardon therefor removing this disability,
  or received a certificate of good conduct granted by the board of parole
  pursuant to the provisions of the executive law to remove the disability
  under this section because of such a conviction,  or  any  person  whose
  private  detective or investigator's license or bail enforcement agent's
  license was revoked or application for such license was  denied  by  the
  department  of  state  or  by  the  authorities  of  any  other state or
  territory because of conviction of any  of  such  offenses.  Should  the
  holder  of  an  unexpired license certificate falsely state or represent
  that a person is or has been in his  employ,  such  false  statement  or
  misrepresentation  shall  be sufficient cause for the revocation of such
  license. Any person falsely stating or representing that he  is  or  has
  been  a detective or employed by a detective agency or that he is or has
  been a bail enforcement agent or employed by a bail  enforcement  agency
  shall be guilty of a misdemeanor.
    2.  No  person  shall hereafter be employed by any holder of a license
  certificate until he shall have executed and furnished to  such  license
  certificate  holder  a  verified  statement,  to be known as "employee's
  statement," setting forth:
    (a) His full name, age and residence address.
    (b) That the applicant for employment  is  a  citizen  of  the  United
  States  or  an  alien  lawfully  admitted for permanent residence in the
  United States.
    (c) The  business  or  occupation  engaged  in  for  the  three  years
  immediately  preceding  the date of the filing of the statement, setting
  forth the place or places where such business or occupation was  engaged
  in, and the name or names of employers, if any.
    (d)  That  he  has  not  been  convicted of a felony or of any offense
  involving moral turpitude or of any  of  the  misdemeanors  or  offenses
  described in subdivision one of this section.
    (e)  Such  further  information as the department of state may by rule
  require to show the good character, competency,  and  integrity  of  the
  person executing the statement.
    3.  Immediately  upon the verification of an employee's statement, the
  holder of a license certificate by whom such person has been or is to be
  employed shall cause two sets of fingerprints of the two hands  of  such
  person  to  be recorded in such manner as the department of state may by
  rule prescribe. The holder of a license  certificate  shall  immediately
  stamp  in  indelible  ink  the  employee's  statement  and  each  set of
  fingerprints with the name, year and license certificate number of  such
  holder  and  a number, which number shall be determined by the number of
  such statements furnished to such  holder  and  shall  be  in  numerical
  sequence.
    4.  The  holder  of  a license certificate shall affix one set of such
  fingerprints to the employee's statement in such manner that the  prints
  can  be  examined  without  disclosing  the  contents  of the employee's

  statement and shall retain such statement and prints so long as he shall
  be licensed under this article by the department of state.
    5.  The  holder  of  a license certificate shall file the other set of
  fingerprints with the department of state  by  forwarding  the  same  by
  registered  mail  to  the  office of the secretary of state, Albany, New
  York, within twenty-four hours of such employment.
    6. Within  five  days  after  the  filing  of  such  fingerprints  the
  secretary  of  state  shall  cause such fingerprints to be compared with
  fingerprints filed with the division of criminal justice  services  and,
  if  he  finds  any  record  of any conviction as defined in the criminal
  procedure law of a felony or any other offense specified in  subdivision
  one  of  this  section,  he  shall immediately notify the holder of such
  license  certificate  and  shall  also   refer   the   matter   to   the
  attorney-general. The secretary of state may also submit fingerprints to
  the  federal  bureau  of  investigation  for a national criminal history
  record check and may, from time to time, cause such fingerprints  to  be
  checked  against  the  fingerprints  filed with the division of criminal
  justice services or  of  other  official  fingerprint  files  within  or
  without  this state, and if he finds that such person has been convicted
  of a felony or any other offense specified in subdivision  one  of  this
  section   he  shall  immediately  notify  the  holder  of  such  license
  certificate and shall also refer the matter to the attorney-general. The
  secretary of state shall at all times be given access to  and  may  from
  time  to  time  examine  the  fingerprints  retained  by the holder of a
  license certificate as provided in subdivision four of this section.
    7. If any holder of a certificate shall file with  the  department  of
  state the fingerprints of a person other than the person so employed, he
  shall  be subject to a fine not exceeding five thousand dollars ($5,000)
  or to imprisonment not exceeding one year, or both.
    8. The provisions of this section shall not be applicable to  security
  guards or the employment of security guards by licensees.