N.Y. General Business Law § 89-h: Requirements for a registration card

§ 89-h. Requirements for a registration card. To qualify for a

registration card to perform security guard functions, an applicant

shall fulfill the following requirements:

1. Application: file an application with the department sworn to or

affirmed by the applicant in such form and including such information

and attachments as may be prescribed or requested by the department upon

consultation with the security guard advisory council including but not

limited to the character and fitness, competence and employment history

of the applicant;

2. Training: file a certificate with the department certifying either

that the applicant has satisfactorily completed a minimum of eight hours

of pre-assignment training as prescribed by the division or that such

requirement has been waived in accordance with section eight hundred

forty-one-c of the executive law;

3. Age: be at least eighteen years of age;

5. Criminal record: not have been convicted of a serious offense, or

of a misdemeanor in the state or of any offense in any other

jurisdiction which, if committed in this state, would constitute a

misdemeanor, and which, in the discretion of the secretary, bears such a

relationship to the performance of the duties of a security guard, as to

constitute a bar to employment;

6. Character and fitness: be of good moral character and fitness;

7. Competence: not have been declared by any court of competent

jurisdiction to be incompetent by reason of mental disease or defect

which has not been removed;

8. Employment history: not have been discharged from a correctional or

law enforcement agency for incompetence or misconduct as determined by a

court of competent jurisdiction, administrative hearing officer,

administrative law judge, arbitrator, arbitration panel or other duly

constituted tribunal, or resigned from such agency while charged with

misconduct or incompetence; provided however, that an applicant who has

been discharged or has resigned from such agency while charged with

misconduct or incompetency may submit an explanation to the department

and request a waiver of this requirement;

9. Disability: a physical or mental disability or disability by reason

of intoxication or the use of, addiction to or dependence on alcohol or

drugs which, as determined by the department, renders the applicant

unable to perform the essential functions of the security guard

position, with or without reasonable accommodation, or who, as

determined by the department, poses a direct threat to health or safety;

10. Fees: pay (a) a fee of thirty-six dollars for processing of the

application, investigation of the applicant and for the initial biennial

registration period. Such fees shall be deposited to the credit of the

business and licensing services account established pursuant to the

provisions of section ninety-seven-y of the state finance law; and (b) a

fee pursuant to subdivision eight-a of section eight hundred

thirty-seven of the executive law, and amendments thereto, for the cost

of the division's full search and retain procedures, and a fee as

determined by the federal bureau of investigation for the cost of its

fingerprint search procedures, which fees shall be remitted by the

department to the division and federal bureau of investigation; and

11. Changes: give the department written notice, within fourteen

calendar days of occurrence, of any change of circumstances which varies

from the information previously given to the department hereunder.