N.Y. General Business Law § 174: Procedure upon application; grant of license

§ 174. Procedure upon application; grant of license. 1. Upon the

receipt of an application for a license, the commissioner shall cause

the name and address of the applicant, the name under which the

employment agency is to be conducted, and the street and number of the

place where the agency is to be conducted, to be posted on the

commissioner's website, as well as in a conspicuous place in his public

office. Such agency shall be used exclusively as an employment agency

and for no other purpose, except as hereinafter provided. The

commissioner shall investigate or cause to be investigated the character

and responsibility of the applicant and agency manager and shall examine

or cause to be examined the premises designated in such application as

the place in which it is proposed to conduct such agency.

The commissioner shall require all applicants for licenses and agency

managers to be fingerprinted. Such fingerprints shall be submitted to

the division of criminal justice services for a state criminal history

record check, as defined in subdivision one of section three thousand

thirty-five of the education law, and may be submitted to the federal

bureau of investigation for a national criminal history record check.

The criminal history information, if any, received by the commissioner

shall be considered in accordance with the provisions of article

twenty-three-A of the correction law and subdivisions fifteen and

sixteen of section two hundred ninety-six of the executive law. A

reasonable time before making a determination on the application

pursuant to this subdivision, the commissioner shall provide the

applicant with a copy of the applicant's criminal history information,

if any. Where such criminal history information is provided, the

commissioner shall also provide a copy of article twenty-three-A of the

correction law, and inform such applicant of his or her right to seek

correction of any incorrect information contained in such criminal

history information pursuant to the regulations and procedures

established by the division of criminal justice services.

2. Any person may file, within one week after such application is so

posted, a written protest against the issuance of such license. Such

protest shall be in writing and signed by the person filing the same or

his authorized agent or attorney, and shall state reasons why the said

license should not be granted. Upon the filing of such protest the

commissioner shall appoint a time and place for the hearing of such

application, and shall give at least five days' notice of such time and

place to the applicant and the person filing such protest. The

commissioner may administer oaths, subpoena witnesses and take testimony

in respect to the matters contained in such application and protests or

complaints of any character for violation of this article, and may

receive evidence in the form of affidavits pertaining to such matters.

If it shall appear upon such hearing or from the inspection, examination

or investigation made by the commissioner that the applicant or agency

manager is not a person of good character or responsibility; or that he

or the agency manager has not had at least two years experience as a

placement employee, vocational counsellor or in related activities, or

other satisfactory business experience which similarly tend to establish

the competence of such individual to direct and operate the placement

activities of the agency; or that the place where such agency is to be

conducted is not a suitable place therefor; or that the applicant has

not complied with the provisions of this article; the said application

shall be denied and a license shall not be granted. Each application

should be granted or refused within thirty days from the date of its

filing.

3. Any license heretofore issued shall run to the first Tuesday of May

next following the date thereof and no later, unless sooner revoked by

the commissioner. On and after May first, nineteen hundred seventy-six,

licenses shall run to May first, nineteen hundred seventy-eight;

thereafter to May first of every second year. A separate license shall

be required for each branch of any agency.

4. No license shall be granted to a person to conduct the business of

an employment agency in rooms used for living purposes or where boarders

or lodgers are kept or where meals are served or where persons sleep or

in connection with a building or premises where intoxicating liquors are

sold to be consumed on the premises, excepting cafes and restaurants in

office buildings. No license shall be granted to a person to conduct the

business of an employment agency where the name of the employment agency

directly or indirectly expresses or connotes any limitation,

specification or discrimination as to race, creed, color, age, sex,

national origin, disability or marital status, and the lack of intent on

the part of the applicant for the license to make any such limitation,

specification or discrimination shall be immaterial, except that any

presently licensed employment agency bearing a name which directly or

indirectly expresses or connotes any such limitation, specification or

discrimination may continue to use its present name and may have its

license renewed using its present name, provided that it display under

such name, wherever it appears, a statement to the effect that its

services are rendered without limitation, specification or

discrimination as to race, creed, color, age, sex, national origin,

disability or marital status.