N.Y. General Business Law § 69-o: License after examination; application

§ 69-o. License after examination; application. 1. After successfully

passing the designated examination, any person over the age of eighteen

years, desiring a license to engage in the business of installing,

servicing or maintaining security or fire alarm systems under this

article, may make application to the secretary of state therefor. The

application shall be subscribed by the applicant and affirmed by him as

true under the penalties of perjury. The application shall be in such

form and shall contain such information relative to the applicant and

his qualifications as may be prescribed by the secretary of state. Each

application shall be accompanied by:

(a) Two recent photographs of the applicant of a size prescribed by

the secretary of state and two sets of fingerprints of the applicant to

be recorded in such manner as the secretary of state may prescribe by

rule. The fingerprints shall be taken on a standard fingerprint card

approved for fingerprinting by the state division of criminal justice

services and shall be accompanied by the appropriate processing fees in

proper form for the division of criminal justice services;

(b) Evidence of education satisfactory to the secretary of state which

shall include evidence of the successful completion of a course of study

in a school duly licensed pursuant to the education law or approved by

the board of regents as a school qualified to instruct students in the

field of security or fire alarm systems or can demonstrate to the

satisfaction of the secretary of state that he has successfully

completed an approved industry sponsored training program; and

(c) Evidence of having successfully passed the required examination.

2. After the filing of an applicant's fingerprint cards, the secretary

of state shall forward such fingerprints to the division of criminal

justice services to be compared with the fingerprints on file with the

division of criminal justice services in order to ascertain whether the

applicant has been convicted of a felony involving fraud, bribery,

perjury or theft pursuant to article one hundred forty, one hundred

fifty-five, one hundred sixty, one hundred sixty-five, one hundred

seventy, one hundred seventy-five, one hundred seventy-six, one hundred

eighty, one hundred eighty-five, one hundred ninety, one hundred

ninety-five, two hundred or two hundred ten of the penal law; or has a

criminal action which has been pending for such a felony for under one

year without a final disposition unless adjourned in contemplation of

dismissal; provided, however, that for the purposes of this article,

none of the following shall be considered criminal convictions or

reported as such:

(a) A conviction which has been vacated and replaced by a youthful

offender finding pursuant to article seven hundred twenty of the

criminal procedure law, or the applicable provisions of law of any other

jurisdiction; or

(b) A conviction the records of which have been expunged or sealed

pursuant to the applicable provisions of the laws of this state or of

any other jurisdiction; or

(c) A conviction for which a certificate of relief from disabilities

or a certificate of good conduct has been issued pursuant to the

correction law.

The division of criminal justice services shall retain the fingerprint

cards and return the report of such convictions or pending cases, if

any, to the secretary of state who shall retain them in a confidential

file for no more than one year, after which time such report shall be

destroyed.

The secretary of state shall deny the application of any individual

convicted of a felony involving fraud, bribery, perjury or theft

pursuant to article one hundred forty, one hundred fifty-five, one

hundred sixty, one hundred sixty-five, one hundred seventy, one hundred

seventy-five, one hundred seventy-six, one hundred eighty, one hundred

eighty-five, one hundred ninety, one hundred ninety-five, two hundred or

two hundred ten of the penal law; or has a criminal action which has

been pending for such a felony for under one year without a final

disposition unless adjourned in contemplation of dismissal; provided,

however, that for the purposes of this article, none of the following

shall be considered criminal convictions or reported as such:

(i) A conviction which has been vacated and replaced by a youthful

offender finding pursuant to article seven hundred twenty of the

criminal procedure law, or the applicable provisions of law of any other

jurisdiction; or

(ii) A conviction the records of which have been expunged or sealed

pursuant to the applicable provisions of the laws of this state or of

any other jurisdiction; or

(iii) A conviction for which a certificate of relief from disabilities

or a certificate of good conduct has been issued pursuant to the

correction law.

3. The secretary of state shall prepare question papers which shall be

the same for all applications at any given examination. The questions

may be partly written and partly oral and shall not be confined to any

specific method or system. In addition, a portion of the examination may

include testing of practical skills through various exercises. No person

shall receive a license hereunder who has not actually demonstrated to

the secretary of state his ability and fitness to engage in the business

of installing, servicing or maintaining security or fire alarm systems

in such practical tests as may be required by the secretary of state.

4. Examinations shall be in the English language and shall be held at

least quarterly and shall be given in at least four convenient places in

the state.

5. There shall be an examination fee of fifteen dollars.

6. When an applicant has successfully passed the examination therefor,

and has otherwise qualified for a license, the secretary of state on

payment of the fee prescribed by this article, shall issue to such

applicant a license to engage in the business of installing, servicing

or maintaining security or fire alarm systems.