N.Y. Executive Law § 841-c: Functions, powers and duties of the commissioner with respect to the council

§ 841-c. Functions, powers and duties of the commissioner with respect

to the council. In addition to the functions, powers and duties

otherwise provided by this section and article seven-A of the general

business law, the commissioner shall, upon the recommendation and with

the general advice of the council:

1. prescribe minimum requirements for the eight hours of

pre-assignment training; the on-the-job training program to be completed

within ninety working days following employment as a security guard; the

forty-seven hours of firearms training for a special armed guard

registration card; the eight hour annual in-service training course; and

the eight hour in-service training course for armed security guards;

2. approve and certify security guard training schools, programs and

courses which meet or exceed the minimum requirements prescribed

pursuant to subdivision one of this section and issue certificates of

approval to such schools, and revoke such approval or certificate

provided, however, that the commissioner may permit any such school,

program or course in existence on the effective date of this section, to

remain in effect for a period of one year following the effective date;

3. certify, as qualified, instructors of security guards and issue

appropriate certificates to such instructors;

4. certify security guards or applicants who have satisfactorily

completed basic training programs and issue appropriate certificates to

such security guards or applicants;

5. cause studies and surveys to be made relating to the establishment,

operation and approval of security guard training schools and training

programs;

6. consult with and cooperate with approved security guard training

schools and programs for the development of advanced in-service training

programs for security guards and issue appropriate certificates to

security guards, attesting to their satisfactory completion of such

advanced training programs;

7. consult with and cooperate with universities, colleges and

institutes in the state for the development of specialized courses of

study for security guards;

8. consult with and cooperate with other departments and agencies of

the state concerned with security guard training;

9. consult with, cooperate with and provide technical assistance to

the council and to the department of state on matters concerning

security guards;

10. report to the council at each regular meeting of the council and

at other such times as may be appropriate;

11. waive the training requirements as specified in article seven-A of

the general business law with respect to applicants employed by a

security guard company, if the security guard applicant provides

appropriate documentation to demonstrate that he or she was or is

subject to training requirements which meet or exceed the requirements

established pursuant to such article;

12. waive the training requirements as specified in article seven-A of

the general business law with respect to applicants employed by a

security guard company on a proprietary basis for its own use when such

company presents adequate documentation that such training is not

directly relevant to the applicant's job responsibilities and such

applicant does not, in the course of their employment duties:

(a) wear a uniform or other readily apparent indicia of authority; or

(b) as a requisite of employment, carry a gun, and

(c) have interactions with the public or expend a majority of the time

spent in their employment duties in contract with the public; and

13. in consultation with the council, adopt and promulgate any rules

and regulations necessary to implement the provisions of this section

and sections eight hundred forty-one-a and eight hundred forty-one-b of

this article and or article seven-A of the general business law.