N.Y. General Business Law § 89-l: Suspension, revocation and reissuance of registration cards

§ 89-l. Suspension, revocation and reissuance of registration cards.

1. Revocations and suspensions. The secretary or any person deputized by

the secretary may suspend for a period not to exceed eighteen months or

revoke any registration card issued pursuant to this article after a

hearing pursuant to this section, except that, where revocation is

sought based solely upon the holder having been convicted of a serious

offense, the secretary shall provide notice to the holder, at the

holder's registration address as maintained by the department, that the

holder's registration card will be revoked on a date certain, but not

less than thirty-five days after the date of the notice, unless the

holder requests an administrative hearing pursuant to this section

within said thirty-five day period.

2. Causes for revocation or suspension. A registration card issued

pursuant to this article may be suspended or revoked for one or more of

the following causes:

a. the holder is convicted of a serious offense, or of a misdemeanor

in the state 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;

b. the application contained a material false statement or omission

the truth or inclusion of which would have resulted in denial of the

application pursuant to section eighty-nine-k of this article;

c. the holder is in violation of any provisions of this article or the

rules and regulations promulgated pursuant to this article;

d. employment of the holder as a security guard constitutes a danger

to the health, safety or well-being of the public.

3. Procedure. The hearing required by subdivision one of this section

shall be held pursuant to the state administrative procedure act,

provided, however, that where a registration card has been temporarily

suspended pursuant to paragraph b of subdivision four of this section,

the hearing shall be held within thirty days and the adjudication shall

be made within forty-five days following the service of notice of such

hearing. If such hearing is adjourned at the request of the holder or by

reason of any act or omission by the holder or on the holder's behalf

such suspension may be continued for the additional period of such

adjournment. Where a holder has been served with notice of hearing which

has not been adjourned and such holder without good cause fails to

appear at the hearing, such hearing may proceed and an adjudication may

be made in the absence of such holder.

4. Temporary suspension of registration cards.

a. Temporary suspension where the holder is charged with a serious

offense. Where a holder is charged with a serious offense, such holder's

registration card may be suspended (i) by the court pending any

prosecution for a serious offense. In order for the court to impose such

suspension it must find that the accusatory instrument conforms to the

requirements of section 140.40 of the criminal procedure law and there

exists reasonable cause to believe that the holder committed the serious

offense with which he is charged. At such time, the holder shall be

entitled to an opportunity to make a statement regarding the enumerated

issues and to present witnesses and other evidence tending to rebut the

court's findings. Where the suspension is imposed upon a pending charge

of a serious offense which is a class A misdemeanor and the holder has

requested a hearing pursuant to article one hundred seventy of the

criminal procedure law, or where the suspension is imposed upon a

pending charge of a serious offense which is a felony and the holder has

requested a hearing pursuant to article one hundred eighty of the

criminal procedure law, the court shall conduct such hearing. If upon

completion of such hearing, the court fails to find that there is

reasonable cause to believe that the holder committed a serious offense,

or if the charges are dismissed or the holder is acquitted of such

charges or the conviction is reversed on appeal, the court shall

promptly notify the secretary and direct restoration of such

registration card unless such registration card is suspended or revoked

pursuant to any other provision of this section. If a holder is

convicted of a serious offense, the court shall promptly notify the

secretary and the suspension shall remain in effect pending a hearing

held pursuant to subdivision three of this section; or (ii) by an

officer designated by the secretary pursuant to the state administrative

procedure act to preside over a hearing, on application by the secretary

on notice to the holder, where such officer finds that such holder has

been charged with a serious offense and reasonable cause exists to

believe that the holder committed the serious offense with which the

holder is charged.

b. Temporary suspension pending hearing and adjudication. Pending the

hearing and adjudication on suspension or revocation of a registration

card, the officer designated to preside over the hearing may, on

application of the secretary with notice to the holder, suspend such

registration card where (i) the holder has been convicted of a serious

offense, (ii) the holder has been charged with a serious offense and

such officer finds that reasonable cause exists to believe that the

holder committed the serious offense with which the holder is charged,

or (iii) such officer finds that reasonable cause exists to believe that

the employment of the holder as a security guard constitutes a danger to

the health, safety or well-being of the public.

5. No registration card may be suspended pursuant to this section

based upon the fact that a holder is charged with or convicted of one or

more serious offenses, or of a misdemeanor in the state 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 unless:

a. there is a direct relationship between one or more such serious

offenses and the registration card or employment of the holder as a

security guard; or

b. the possession of a registration card by the holder or the

employment of the holder as a security guard would involve an

unreasonable risk to property or to the safety or welfare of specific

individuals or the general public.

6. Fines. Where it is determined after hearing that the holder has

violated one or more provisions of this article pursuant to paragraph c

of subdivision two of this section, the secretary may, in lieu of

revocation or suspension of the registration card of such holder, impose

a fine not to exceed one thousand dollars for each violation payable to

the department.

7. Surrender of suspended or revoked registration card. a. When the

court suspends a registration card pursuant to subparagraph (i) of

paragraph a of subdivision four of this section, the holder shall

forthwith surrender the registration card to the court and the court

shall promptly send the registration card to the secretary.

b. Upon suspension or revocation of the registration card by the

secretary or by the officer designated by the secretary to preside over

the hearing, pursuant to this section, the holder shall, if present at

the time of such suspension or revocation, surrender the registration

card forthwith. If the holder is not present at the time of such

suspension or revocation, the secretary shall send notice of such

suspension or revocation to the holder at the address indicated on the

registration card or such other last known address, by personal service

or by certified mail return receipt requested, in which case the holder

shall within five days following receipt of such notice surrender the

registration card by delivering same in person or by certified mail to a

location designated by the secretary. Notice of suspension or revocation

shall be given by the secretary to the security guard company by which

the holder was employed at the time of such suspension or revocation.

8. Reissuance of registration card. A suspended or revoked

registration card may be reissued only by the secretary or by a person

deputized by the secretary. Except as otherwise provided in this

section, where a registration card has been revoked, it may not be

reissued for at least one year following revocation.