Section 89-VVV. Conditional letter of authority; issuance of registration card; suspension or revocation; renewal

1. Upon review of the completed
  application required by section  eighty-nine-rrr  of  this  article  and
  after   the   applicant   has   met   the   qualifications   of  section
  eighty-nine-qqq  of  this  article,  the  department   shall   issue   a
  conditional  letter of authority, in a form prescribed by the secretary,
  to such applicant  within  five  business  days  after  receipt  of  the
  completed application.  Any such applicant may be employed by an armored
  car  carrier,  pending  his  or  her satisfaction of the requirements of
  section eighty-nine-sss of this  article  not  later  than  one  hundred
  eighty days after the date of submission of the completed application.
    2.  Upon  review  of  the  completed  application  required by section
  eighty-nine-rrr of this article and after  the  applicant  has  met  the
  qualifications  of section eighty-nine-qqq of this article and satisfied
  the  requirements  of  section  eighty-nine-sss  of  this  article,  the
  department  shall issue a registration card, in a form prescribed by the
  secretary, which  shall  include  the  guard's  name,  photograph,  card
  number,  expiration date, and any other information the department deems
  necessary.  The  department  shall  issue  or  deny  issuance  of   such
  registration  card  within  ninety  days  after  receipt  of a completed
  application therefor. Denial of a registration card hereunder  shall  be
  reviewable  by  an  administrative  hearing as set forth in subdivisions
  two, three, four, five and six of section seventy-nine of this chapter.
    3. The secretary may suspend, for a  period  not  to  exceed  eighteen
  months,  revoke, or refuse to reissue, as the case may be, a conditional
  letter of  authority  or  registration  card  issued  pursuant  to  this
  section, after a hearing pursuant to subdivisions two, three, four, five
  and  six of section seventy-nine of this chapter, for one or more of the
  following causes:
    a. the holder is convicted of  a  serious  offense  or  a  misdemeanor
  which,  in the discretion of the secretary, bears such a relationship to
  the performance of the duties of an armored car guard, as to  constitute
  a bar to employment;
    b. the holder has practiced fraud, deceit or misrepresentation;
    c. the holder is in violation of any provisions of this article or the
  rules and regulations promulgated hereunder; or
    d.  the  possession of a license as an armored car guard would involve
  an unreasonable risk to property or to the safety or welfare of specific
  individuals or the general public.
    4. Pending the hearing and adjudication on suspension or revocation of
  a conditional letter of authority or registration card pursuant  to  the
  provisions of subdivision three of this section, such conditional letter
  of  authority  or  registration  card  may  be temporarily suspended, in
  accordance  with  the  provisions  of  subdivision   four   of   section
  eighty-nine-l  of  this chapter, provided that such subdivision shall be
  read in such a manner as to apply to armored car carriers or armored car
  guards  as  the  context  requires.    The  secretary  shall  revoke   a
  conditional  letter  of  authority  or  registration  card issued to any
  holder  pursuant  to  this  section,  after  a   hearing   pursuant   to
  subdivisions  two,  three, four, five and six of section seventy-nine of
  this chapter, upon proof that, on or after the date such holder  applied
  for  such  conditional  letter  of  authority  or registration card, the
  holder was convicted of one or more serious offenses.
    5. No conditional letter of authority  or  registration  card  may  be
  suspended  or  temporarily suspended pursuant to this section based upon
  the fact that a holder is charged with one or more serious offenses,  or
  charged  with  or convicted of a misdemeanor which, in the discretion of
  the secretary, bears such a  relationship  to  the  performance  of  the

  duties  of  an  armored  car guard, as to constitute a bar to employment
  unless:
    a.  there  is  a  direct relationship between one or more such serious
  offenses and the conditional letter, registration card or employment  of
  the holder as an armored car guard; or
    b.  the possession of a conditional letter or registration card by the
  holder or the employment of the holder as an  armored  car  guard  would
  involve  an unreasonable risk to property or to the safety or welfare of
  specific individuals or the general public.
    6. The secretary, or  the  officer  designated  by  the  secretary  to
  preside  over the hearing pursuant to this section, shall forthwith give
  written  notice  of  the  suspension,  revocation  or  nonrenewal  of  a
  conditional  letter of authority or registration card, to the holder and
  the armored car carrier by which the holder was employed at the time  of
  such  suspension,  revocation  or  nonrenewal.    Any  such order may be
  reviewed in the manner provided by article seventy-eight  of  the  civil
  practice law and rules.
    7.  A  registration  card  issued  pursuant to subdivision two of this
  section shall be  reissued  biennially  by  the  secretary  upon  timely
  application therefor and submission of a renewal processing fee of fifty
  dollars.