N.Y. General Business Law § 81: Employees

§ 81. Employees. 1. The holder of any license certificate issued

pursuant to this article may employ to assist him in his work of private

detective or investigator or bail enforcement agent as described in

section seventy-one of this article and in the conduct of such business

as many persons as he may deem necessary, and shall at all times during

such employment be legally responsible for the good conduct in the

business of each and every person so employed.

No holder of any unexpired license certificate issued pursuant to this

article shall knowingly employ in connection with his or its business in

any capacity whatsoever, any person who has been convicted of a felony

or any of the offenses specified in subdivision two of section

seventy-four of this article, and who has not subsequent to such

conviction received executive pardon therefor removing this disability,

or received a certificate of relief from disabilities or a certificate

of good conduct pursuant to article twenty-three of the correction law

to remove the disability under this section because of such a

conviction, or any person whose private detective or investigator's

license or bail enforcement agent's license was revoked or application

for such license was denied by the department of state or by the

authorities of any other state or territory because of conviction of any

of such offenses. Should the holder of an unexpired license certificate

falsely state or represent that a person is or has been in his employ,

such false statement or misrepresentation shall be sufficient cause for

the revocation of such license. Any person falsely stating or

representing that he is or has been a detective or employed by a

detective agency or that he is or has been a bail enforcement agent or

employed by a bail enforcement agency shall be guilty of a misdemeanor.

2. No person shall hereafter be employed by any holder of a license

certificate until he shall have executed and furnished to such license

certificate holder a verified statement, to be known as "employee's

statement," setting forth:

(a) His full name, age and residence address.

(b) The business or occupation engaged in for the three years

immediately preceding the date of the filing of the statement, setting

forth the place or places where such business or occupation was engaged

in, and the name or names of employers, if any.

(c) That he has not been convicted of a felony or of any offense

involving moral turpitude or of any of the misdemeanors or offenses

described in subdivision one of this section.

(d) Such further information as the department of state may by rule

require to show the good character, competency, and integrity of the

person executing the statement.

3. Immediately upon the verification of an employee's statement, the

holder of a license certificate by whom such person has been or is to be

employed shall cause two sets of fingerprints of the two hands of such

person to be recorded in such manner as the department of state may by

rule prescribe. The holder of a license certificate shall immediately

stamp in indelible ink the employee's statement and each set of

fingerprints with the name, year and license certificate number of such

holder and a number, which number shall be determined by the number of

such statements furnished to such holder and shall be in numerical

sequence.

4. The holder of a license certificate shall affix one set of such

fingerprints to the employee's statement in such manner that the prints

can be examined without disclosing the contents of the employee's

statement and shall retain such statement and prints so long as he shall

be licensed under this article by the department of state.

5. The holder of a license certificate shall file the other set of

fingerprints with the department of state by forwarding the same by

registered mail to the office of the secretary of state, Albany, New

York, within twenty-four hours of such employment.

6. Within five days after the filing of such fingerprints the

secretary of state shall cause such fingerprints to be compared with

fingerprints filed with the division of criminal justice services and,

if he finds any record of any conviction as defined in the criminal

procedure law of a felony or any other offense specified in subdivision

one of this section, he shall immediately notify the holder of such

license certificate and shall also refer the matter to the

attorney-general. The secretary of state may also submit fingerprints to

the federal bureau of investigation for a national criminal history

record check and may, from time to time, cause such fingerprints to be

checked against the fingerprints filed with the division of criminal

justice services or of other official fingerprint files within or

without this state, and if he finds that such person has been convicted

of a felony or any other offense specified in subdivision one of this

section he shall immediately notify the holder of such license

certificate and shall also refer the matter to the attorney-general. The

secretary of state shall at all times be given access to and may from

time to time examine the fingerprints retained by the holder of a

license certificate as provided in subdivision four of this section.

7. If any holder of a certificate shall file with the department of

state the fingerprints of a person other than the person so employed, he

shall be subject to a fine not exceeding five thousand dollars ($5,000)

or to imprisonment not exceeding one year, or both.

8. The provisions of this section shall not be applicable to security

guards or the employment of security guards by licensees.