N.Y. Executive Law § 534-m: Security officer

§ 534-m. Security officer. 1. No person shall act as a security

officer within the port of New York district in this state without first

having obtained a license from the commission or previously, from the

bi-state commission, and no person shall employ a security officer who

is not so licensed.

2. A license to act as a security officer shall be issued only upon

written application, duly verified, which shall state the following:

(a) The full name, residence, business address (if any), place and

date of birth and social security number of the applicant;

(b) The present and previous occupations of the applicant, including

the places where the person was employed and the names of the person's

employers;

(c) The citizenship of the applicant and, if the person is a

naturalized citizen of the United States, the court and date of

naturalization; and

(d) Such further facts and evidence as may be required by the

commission to ascertain the character, integrity and identity of the

applicant.

3. No such license shall be granted:

(a) Unless the commission shall be satisfied that the applicant

possesses good character and integrity;

(b) If the applicant has, without subsequent pardon, been convicted by

a court of the United States or of any state or territory thereof of the

commission of, or the attempt or conspiracy to commit, treason, murder,

manslaughter or any crime punishable by death or imprisonment for a term

exceeding one year or any of the misdemeanors or offenses described in

paragraph (b) of subdivision three of section five hundred thirty-four-f

of this article;

(c) Unless the applicant shall meet such reasonable standards of

physical and mental fitness for the discharge of a security officer's

duties as may from time to time be established by the commission;

(d) If the applicant shall be a member of any labor organization which

represents longshore workers or pier superintendents or hiring agents;

but nothing in this section shall be deemed to prohibit security

officers from being represented by a labor organization or organizations

which do not also represent longshore workers or pier superintendents or

hiring agents. The American Federation of Labor and Congress of

Industrial Organizations and any other similar federation, congress or

other organization of national or international occupational or

industrial labor organizations shall not be considered an organization

which represents longshore workers or pier superintendents or hiring

agents within the meaning of this section although one of the federated

or constituent labor organizations thereof may represent longshore

workers or pier superintendents or hiring agents;

(e) If the applicant knowingly or willfully advocates the desirability

of overthrowing or destroying the government of the United States by

force or violence or shall be a member of a group which advocates such

desirability, knowing the purposes of such group include such advocacy.

4. When the application shall have been examined and such further

inquiry and investigation made as the commission shall deem proper and

when the commission shall be satisfied therefrom that the applicant

possesses the qualifications and requirements prescribed by this section

and regulations issued pursuant thereto, the commission shall issue and

deliver a license to the applicant. The commission may issue a temporary

permit to any applicant for a license under the provisions of this

section pending final action on an application made for such a license.

Any such permit shall be valid for a period not in excess of six months.

5. A license granted pursuant to this section shall continue for a

term of three years. A license may be renewed by the commission for

successive three-year periods upon fulfilling the same requirements as

set forth in this section for an original application.

6. Notwithstanding any provision set forth in this section, a license

to act as a security officer shall continue and need not be renewed,

provided the licensee shall, as required by the commission:

(a) Submit to a medical examination and meet the physical and mental

fitness standards established by the commission pursuant to paragraph

(c) of subdivision three of this section;

(b) Complete a refresher course of training; and

(c) Submit supplementary personal history information.

7. Any license issued pursuant to this section may be revoked or

suspended for such period as the commission deems in the public interest

or the licensee thereunder may be reprimanded for any of the following

offenses:

(a) Conviction of a crime or other cause which would permit or require

the person's disqualification from receiving a license upon original

application;

(b) Fraud, deceit or misrepresentation in securing the license; and

(c) Any other offense described in paragraphs (c), (d), (e), (f), (g),

(h), and (i) of subdivision seven of section five hundred thirty-four-f

of this article.

8. The commission shall, at regular intervals, cancel the license or

temporary permit of a security officer who shall have failed during the

preceding twelve months to have worked as a security officer in the port

of New York district a minimum number of hours as shall have been

established by the commission, except that immediate restoration of such

license or temporary permit shall be made upon proper showing that the

failure to so work was caused by the fact that the licensee or permittee

was engaged in the military service of the United States or was

incapacitated by ill health, physical injury or other good cause.

9. Any applicant for security officer ineligible for a license by

reason of the provisions of paragraph (b) of subdivision three of this

section may petition for and the commission may issue an order removing

the ineligibility. A petition for an order to remove ineligibility may

be made to the commission before or after the hearing required by

section five hundred thirty-four-n of this article.