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§89-q. Separability
If any item, clause, sentence, subparagraph, subdivision, section or other part of this article, or the application thereof to any person or circumstances shall be held to be invalid, such holding shall not affect, impair or invalidate the remainder of this article, or the application of such section or part of a section held invalid, to any other person or circumstances, but shall be confined in its operation to the item, clause, sentence, subparagraph, subdivision, section or other part of this article directly involved in such holding, or to the person and circumstances therein involved.
§89-r. Preemption
The provisions of this article shall govern notwithstanding any other law to the contrary and further, no local law shall be enacted which shall require any fee or license for the licensure or registration of security guards.
§89-s. Reporting
On or before February 1, 1994, and on or before February 1st of each succeeding year, the secretary, upon consultation with the commissioner and the security guard advisory council, shall report to the governor, the temporary president of the senate and the speaker of the assembly on the implementation, procedures, operation, training, and enforcement of the Security Guard Act of 1992, together with any recommendations relating thereto. Such report shall include, but not be limited to:
a. the number of security guards registered and maintained in the security guard registry;
b. the number of applicants for registration, and the number of applications denied with the reason or reasons therefor;
c. statistics related to the time it takes to process fingerprint cards, applications and inquiries to the registry by security guard companies;
d. the number and length of suspensions and revocations, and the number and amount of fines imposed;
e. the amount of fees collected by the department and the division;
f. the level of appropriation authority available to the department and the division and the amount of money expended by the department and division for the purposes of carrying out the provisions of this article; and
g. any other information which the department and the division deem necessary. The division shall provide the department with any information necessary to comply with the requirements of this section.
§89-w. Applicability
The provisions of this article shall not apply to a not-for-profit security guard company or public entity which hires a security guard or guards for a specific event or events solely for its own proprietary use and which employs such security guards only on a temporary basis for a total period not exceeding 15 days per year.

RULES AND REGULATIONS
TITLE 19 NYCRR
EMPLOYEES
PART 170
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§170.1 Security guard
(a) A person described in General Business Law section 89-f(6) is a security guard if he or she principally performs the activities of prevention, deterrence, control or enforcement.
(b) For purposes of this Part:
(1) prevention includes protecting persons and/or property from harm, theft, and other unlawful activity, including response to a security systems alarm;
(2) deterrence includes deterring, observing, detecting, and reporting unlawful or unauthorized activity;
(3) control includes controlling, by street or other patrol service, access to property, including employee personnel, visitors, vehicles and traffic;
(4) enforcement includes enforcing security policies, rules, regulations, and procedures.
(c) Principally performing shall mean:
(1) engaged in the functions set forth in subdivision (b) of this section for more than 50 percent of the person’s regularly scheduled work hours; or
(2) employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she is armed with a weapon; or
(3) employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she wear a military style uniform or insignia, either being indicative of security guard status.
(d) Police officers
(1) When employed by a security guard company, an off-duty police officer is exempt from the registration, fingerprinting and training provisions of the General Business Law, Article 7A. When employed by a security guard company, a retired or former police officer must comply with the registration, fingerprinting and training provisions of General Business Law Article 7A.
(2) Before employing an off-duty police officer as a security guard, a security guard company licensed pursuant to Article 7 of the General Business Law shall obtain an employee statement from the police officer as required by section 81(2) of the General Business Law; provided, however, a police officer shall be exempt from the fingerprinting provisions of subdivisions 3, 4, 5, 6 and 7 of section 81 of the General Business Law.
(e) Peace officers. When employed by a security guard company, an off-duty peace officer must comply with the registration and fingerprinting provisions of General Business Law Article 7-A. The peace officer must also comply with the training provisions of General Business Law section 89-n subject to that section’s special exceptions for peace officers.
(f) For the purposes of General Business Law, Article 7 and 7-A, a security guard is considered to be employed by a security guard company if the security guard is not independently licensed as a private investigator or as a watch, guard or patrol agency pursuant to General Business Law Article 7, even if the security guard is treated as an independent contractor by the security guard company for federal or state tax purposes.
§170.2 Fingerprinting of employees
(a) Employees of any licensed private investigator or licensed watch, guard or patrol agency whether contractual or proprietary shall be fingerprinted.
(1) All fingerprinting shall be performed at the office of the licensee or of another licensed private investigator or watch, guard or patrol agency by the person who qualifies as the licensee or by a designated person who is employed by the entity and who has been previously fingerprinted.
(2) The designation of such person(s) to take fingerprints shall be made in writing by the qualifying licensee and filed with the Albany Office of the Division of Licensing Services, Department of State.
(3) The form of certification on the fingerprint pattern card as to the taking of the fingerprints of an employee shall be signed by the person authorized to take such fingerprints as provided by this section and shall not be signed by any other person.
(b) The holder of a license shall submit to the Department of State, Division of Licensing Services in Albany one set of fingerprint cards for each employee that is hired within 24 hours of such employment. One set of fingerprint cards shall be retained by the employer and attached to the front of the employee statement of each person hired.
(c) The holder of any private investigator and watch, guard and patrol license that is performing guard service for a proprietary firm, company, partnership or corporation shall fingerprint all employees whose job duties are primarily related to the operation of the security guard entity.
(d) Along with the employee statement and fingerprint card, a copy of the fingerprint transmittal form which accompanies the fingerprint card shall be attached to each employee personnel folder.
(e) Individuals possessing a current security guard registration need only complete an employee statement to be retained in the employee personnel folder, in lieu of fingerprinting.
§170.3 Employee statements
(a) Employee statement. Each licensed private investigator, watch guard or patrol agency including every proprietary security guard company shall obtain a complete employee statement from each employee at the time of hiring. For a security guard company which has elected to form a security guard entity as provided in section 174.3 of this Title, such requirement shall apply only to those employees whose job duties are primarily related to the operation of such entity.
(b) The employee statement shall be a form prescribed by the Department of State, and shall inquire whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense), and any such further information as the Department of State shall require.
(c) A licensee under article 7 of the General Business Law may destroy the employee’s statement and fingerprint card referred to in section 81 of said article, provided that the employee has not been in the licensee’s employ for the period of at least one year immediately preceding said destruction; no such destruction shall take place in the event that there is any litigation pending and arising out of and in the course of the individual’s employment with the licensee.
§170.4 Fingerprinting of qualifying licensee(s)
Applicants for licensure for a private investigator or watch guard or patrol agency may be fingerprinted by employees of the Department of State, Division of Licensing Services at designated locations and at appointed times. The fingerprints of any applicant for licensure may also be taken and recorded by local and State Police, or sheriffs and chiefs of police in a form and manner approved by the Division of Criminal Justice Services. In such case, each fingerprint card shall be signed and authenticated by the official who took the fingerprints, with his/her title of office.
§170.5 Principal business address
All licensees under article 7 of the General Business Law shall maintain a principal place of business within New York State which shall contain the employee and business records for any licensed activities conducted within New York State.
§170.7 Multiple licenses
A licensed watch, guard or patrol agency or private investigator may not hold an employment agency license or have a financial interest in or participate in the control and management of any employment agency or any other entity engaged in the business of private investigator, except that such prohibition shall not apply in the following situations:
(a) the licensee owns stock in a corporation whose only business is to undertake for hire the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables; or
(b) the licensee owns stock in a corporation whose only business is to provide or furnish protective, guard or private investigator services to the Federal or New York State government or any subdivision, department, commission or agency thereof; or
(c) the corporation was created or subject to the provisions of chapter 440 of the Laws of 1926 (with respect to raising and breeding of horses) or chapter 254 of the Laws of 1940 (with respect to the parimutuel method of betting); or
(d) the licensee is a proprietary security guard company.
§170.8 Business records
Each licensee shall retain and maintain for a period of three years records of all transactions relating to the private investigator or watch, guard or patrol business.
§170.9 Employees’ identification cards issued by licensee
(a) Each employee of a licensed private investigator or watch, guard or patrol agency providing services as either an investigator or security guard shall be issued a company identification card as described herein.
(b) The form of the employee identification card shall be as follows:
(1) The identification card shall be 2" in height, 3¼" width.
(2) Predominate over all other information contained therein shall be the name and business address of the licensee as indicated on the license issued by the Department of State.
(3) Below this information shall be the word “employee” followed by the employee’s full name, and registration title — Security Guard or Armed Security Guard.
(4) In the upper left-hand corner of the identification card shall be placed a current photograph of the employee, approximately 1½" by 1½" in size. The photograph shall at all times be a true likeness of the employee’s actual appearance.
(5) Employee identification cards will be laminated after the photograph and signatures are affixed.
(6) Date of hire.
(7) The employee ID card format appears as follows:

Front 3¼" x 2"
Employee
Photo (Business Name)
(Business Address)
(City, State, Zip)
____________________ Employee Name___________________
(Title)
This business is licensed by
THE NEW YORK STATE DEPARTMENT OF STATE

Back 3¼" x 2"
Employee Name______________________ has been authorized
by (BUSINESS NAME) ___
to work as a Security
Guard or Investigator.
Date of hire: _____________________________________
_____________________________________
(signature of qualifier)
(c) Security guards’ identification cards to be temporary. Issuance of a company identification card to those individuals involved exclusively in the activities of a security guard shall be on a temporary basis until the appropriate security guard registration card is issued or denied by the Department of State. In accordance with the provisions of article 7A of the General Business Law, the card shall bear the words “Temporary ID”. After the issuance or denial of the State registration card, the temporary card shall be maintained in the personnel files of the employee for the duration of his/her employment or for a one-year period following dismissal.
(d) Termination of employment. Upon termination of employment, each employee of a licensed business shall surrender his/her identification card within five business days. A licensee shall notify the Department of State of the name of each terminated employee on a TERMINATION OF EMPLOYMENT FORM. In addition, employers must indicate on the form if the employee has not surrendered the identification card as required. Surrendered identification cards should be maintained in the personnel file of the terminated employee.
§170.10 Insignia/symbols of authority
(a) No licensed private investigator or licensed watch, guard or patrol agency shall use any badge, patch or insignia except as described herein:
(1) Any cloth or metal insignia authorized for use shall be no larger than 3ʺwide by 4ʺ high and rectangular in shape.
(2) The insignia used by security guards shall not be similar in design or appearance to the insignia of any police force or governmental agency. Such insignia shall not contain a replica of the Great Seal of the State of New York or the coat of arms of New York State. It shall show the full licensed name of the employer in a prominent and legible manner.
(3) Each insignia shall contain the words watch guard, guard, patrol, special service protection, security or armed security. The cloth patch or metal insignia shall be worn either on the shoulder or breast of the guard uniform or a hat.
(b) The exhibition, wear, or display of any insignia of authority including any badge, emblem, identification card, vehicle emblem or any advertisement which could deceive a reasonable person into believing that such item is authorized by a law enforcement agency or the bearer is a law enforcement officer is prohibited.
§170.11 Advertisements
All media advertisements placed by an individual or business licensed under this article, other than a proprietary security guard company, shall state, “Licensed by the New York State Department of State.”
§170.12 Contracts and agreements
(a) Consumers conducting business with an individual or firm licensed under this article shall receive a copy of any signed contract and/or agreement.
(b) All contracts and agreements used by an individual or firm licensed under this article shall include the following statement under the name of the business: “This business is licensed by the New York Department of State, Division of Licensing Services.”
§170.13 Supervision
All licensees under article 7 of the General Business Law shall be required to provide supervision of all employees engaged in the business of investigations or security guard work. Such supervision shall consist of regular, frequent and consistent guidance, instruction, oversight and superintendence by the licensee with respect to investigations or security guard work conducted by the licensee, and all matters relating thereto.
§170.14 State issued identification card
A security guard wearing a military style uniform shall prominently display the state issued registration card on his or her outer garment.
QAULIFYING SCHOOL REQUIREMENTS FOR BAIL ENFORCEMENT
TITLE 19 NYCRR, PART 171
§171.1 Approved Entities
Courses of instruction may be given by any college or university accredited by the Commissioner of Education of the State of New York, any public and/or private vocational school, any bail enforcement professional society or organization.
Section 171.2 Application for approval of course of study
An application for approval to conduct a 25 hour bail enforcement course shall be made 60 days before the proposed course is to begin and shall be submitted on a form prescribed by the Department. The application shall include the following:
(a) The name and business address of the school;
(b) The name and business address of the owners;
(1) If the owner is an individual, the name and business address of the individual;
(2) If the owner is a partnership, the name and business address of each partner;
(3) If the owner is a corporation, the name and business address of each shareholder owning five per cent or more of the corporate stock;
(4) If the owner is a limited liability company, the name and business address of each member of the limited liability company;
(5) If the owner is a not-for- profit corporation or education corporation, the name and business address of the corporation’s president or chief executive officer;
(c)The name, business address and telephone number of the education coordinator who will be responsible for compliance with the rules contained in this Part;
(d) The locations where classes will be conducted;
(e) A description of any materials that will be distributed during the course;
(f) A copy of any book(s) that will be used for the course;
(g) A course outline including the instructional time for each subject being presented; and
(h) Lesson plans along with learning objectives for the established curriculum.
Section 171.3 Subjects of study for bail enforcement agents
The following are the subject to be included in the 25 hour course of instruction for bail enforcement agents. All approved schools must use this course outline in their programs.
(a) New York State Licensing Law and Regulations
(b) Liability Issues
(1) Civil;
(2) Criminal;
(3) Search or seizure of bailee/fugitive, and
(4) Entering homes, businesses and vehicles;
(c) Rights of bailee/fugitive:
(1) Taylor v. Taintor;
(2) Rights of accused under State Law;
(3) Rights of accused under Federal Law;
(4) Extradition;
(d) Criminal and civil law relating to bail bonds;
(e) Basic concepts of criminal justice law;
(f) Ethics and professionalism; and
(g) Report writing.
Section 171.4 Attendance
To receive credit, a student must complete the entire 25 hour course of instruction.
Section 171.5 Certificate of successful completion
Upon satisfactory completion of the 25 hour course of instruction by a student, the school must give the student a certificate of completion which shall be signed and dated by the school’s course coordinator. The certificate must include the following information:
(a) The name of the school;
(b) The title of the course, which shall be “Bail Enforcement Course, 25 hours”;
(c) The school’s code number;
(d) A statement that the student, who shall be named, has satisfactorily completed a 25 hour course of study in bail enforcement subjects approved by the Secretary of State in accordance with Article 7 of the General Business Law; and
(e) The date on which the student completed the course.
Section 171.6 Faculty
An individual who wishes to teach any part of the 25 hour course shall submit a resume to the Department of State along with evidence that the applicant meets one of the following qualifications:
(a) Is an attorney;
(b) Is a police instructor;
(c) Is an FBI instructor;
(d) Has a teacher’s certificate from the New York State Education Department;
(e) Has 5 years of full-time experience as a police officer;
(f) Has a four-year college degree majoring in criminal justice; or
(g) Has five years, full-time experience as a licensed private investigator with significant bail enforcement experience.
Section 171.7 Retention of Records
Schools conducting approved courses shall retain records for students completing the school’s courses for a period of three years after completion of the course. Such records shall, at all times during that period, be available for inspection by a duly authorized representative of the Department of State.
Section 171.8 Lists
Within 30 days of the completion of a 25 hour course, a school must submit to the Department of State a list of the names and addresses of each student who successfully completed the course.
Section 171.9 Facilities
Each 25 hour course shall be presented at a facility as necessary to properly present the course.
Section 171.10 Auditing
A duly authorized representative of the Department of State may audit any course, verify attendance and inspect the records of attendance, at any time during its presentation and for a period of three years after the completion of the course.
Section 171.11 Suspensions and denials of course approval
(a) Within 60 days after receipt of the application for approval of a 25 hour course, the Department of State shall inform the school whether the course has been approved or denied, or whether additional information is needed.
(b) The Department of State may deny, suspend or revoke the approval of a bail enforcement course or instructor if it is determined that either is not in compliance with Article 7 of the General Business Law or the rules promulgated thereunder, or if it is determined that either has not adequately presented the course material set forth in section 171.3 of this Part.
Section 171.12 Credit for equivalent education in the bail enforcement field
The Department of State may grant credit for equivalent education if the applicant provides evidence, satisfactory to the Department of State, of having completed a course of study at an accredited college or university, which course of study includes course work substantially similar to that set forth in section 171.3 of this Part. To qualify for credit, the equivalent education may not be less than 25 hours.
Section 171.13 Registration Period and Fees
Each registration or renewal period for an approved course shall be 12 months or a part thereof. The registration or renewal period shall commence on January 1st or on the date on which the course is approved and shall expire on December 31st of the same year. The fee for registering a course with the Department of State shall be $25.00 for each registration period. Those registrants who wish to provide courses at locations other than the primary location listed on their initial application shall pay a fee of $25.00 for each additional location.
APPLICATIONS
PART 172
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§172.1 Equivalent position and experience— private investigator
To qualify for equivalent position and experience, under the provisions of section 72(1) of the General Business Law, as amended, an applicant for licensure as a private investigator shall have performed investigations as to the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, efficiency, loyalty, reputation, character, credit, business or financial responsibility or any person, group of persons, association, organization, society, firm or corporation, or as to the origins or responsibility for crimes and offenses, the location or recovery of lost or stolen property, the cause or origin of, or responsibility for losses or accidental damage or injury to persons or to real or personal property, or to secure evidence to be used before any authorized investigating committee, board of award, board of arbitration or in the trial of civil or criminal cases including as to the credibility of any witnesses. Such investigations shall have been performed for a period of three years, for an employer, firm, organization or governmental agency, whether subject to the provisions of article 7 of the General Business Law or otherwise, which required such investigations in the course of its regular operations, and which such investigations were conducted on a full-time basis in a position the primary duties of which were to conduct investigations and same comprised the major portion of the applicant’s activities therein; an applicant may substitute three years’ experience supervising and reviewing the work of at least three persons performing such investigations, obtained in a full-time position with such an employer, firm, organization or governmental agency, the primary duties and activities of which were such investigation supervision and review.
§172.2 Equivalent position and experience— watch, guard or patrol agency
To qualify as an equivalent position and experience under the provisions of section 72(1) of the General Business Law, an applicant for licensure as a watch, guard or patrol agency shall have performed services as described in article 7-A, section 89-f(6). Such services shall have been performed for a period of two years for an employer, firm, organization or governmental agency, whether subject to the provisions of article 7 of the General Business Law or otherwise, which required such services in the course of its regular operations, on a full-time basis, in a position, the primary duties of which were the performance of such services and same comprised the major portion of the applicant’s activities therein; an applicant may substitute two years’ experience supervising and reviewing the work of at least three persons performing such services obtained in a position with such an employer, firm, organization or governmental agency, the primary duties and activities of which were such guard supervision and review.
§172.3 Notice of criminal conviction
Any watch, guard or patrol agency licensee or any licensed private investigator, or any registered security guard who is convicted of a crime as defined in the Penal Law in this State or an offense which would constitute a crime in New York in any other state or Federal or foreign jurisdiction, shall give notice of such conviction to the Department of State, Division of Licensing Services, at its Albany Office, by certified mail, return receipt requested, within 10 days from date of conviction. Such notice shall be given notwithstanding pendency of appeal.

STATEMENT OF SERVICES
TO BE PERFORMED
PART 173

This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§173.1 Advance statement of services and charges
(a) No licensed private investigator, watch, guard or patrol agency shall undertake to perform any services on behalf of a client unless such licensee shall have delivered to the client a written statement, signed by the licensee, which shall set forth the specific service or services to be performed and the charge or fee therefor. In the event any or all of the services are to be performed on an hourly or other periodic basis, the rate therefor shall be set forth and a limit fixed as to the number of such periodic units of such services that may be performed without any specific authorization from the client; such statement shall also acknowledge that the licensee shall not perform any services beyond such limit unless the client shall consent thereto in writing.
(b) Anything to the contrary of this Part notwithstanding, the statement provided for in subdivision (a) of this section shall not be required to be delivered if the client and the licensee have entered into an agreement in writing, setting forth the services to be rendered and the fee or charge therefor, except that if the agreement provides for or relates to services to be rendered on a periodic basis and no limit as to such services is established by the agreement and there is no express understanding by the client waiving the fixing of any such limit, the licensee shall deliver the statement provided for in subdivision (a) of this section, to the extent of setting forth a limit as to the number of periodic units to be performed, beyond which no such services shall be performed without the written consent of the client.
(c) The licensee shall obtain an acknowledgment in writing from the client of receipt of any statement of services or charges or executed agreement delivered, or maintain receipt or proof of delivery of such statement.
§173.2 Records to be maintained
Unless otherwise agreed to in writing the licensee shall deliver to the client a written report, setting forth the services performed on the client’s behalf. This report shall be presented to the client at the time of billing and shall be maintained by the licensee for a period of three years after completion of the service, unless there is litigation pending which would require the records to be maintained until the litigation is completed.
SECURITY GUARD COMPANIES
PART 174
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§174.2 Exempt entities
(a) Public entities shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees who provide guard services as defined in article 7A of the General Business Law and these regulations.
(b) Operators of central security or fire alarm stations, whose employees conduct monitoring and reporting services at the central station to police or fire departments, shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees as required in article 7-A.
(c) Entities exempt from the licensing requirement of article 7 shall comply with all sections of law and regulations with regard to the registration and supervision of security guards, the maintenance of personnel records, and the filing of evidence of liability insurance.
§174.5 Fingerprint requirement
(a) The holder of any license pursuant to article 7 of the General Business Law shall submit the fingerprints of all employees as provided in section 170.2 of this Title, or, if a designation has been made pursuant to section 174.3 of this Part, of those employees within the security guard entity.
(b) Security guard companies not subject to licensure pursuant to article 7 shall submit the fingerprints of all security guard employees. Such fingerprints may be taken by any of the methods set forth in section 170.2 of this Title, or by a designated person who is employed by the security guard company and who has been previously fingerprinted.
(c) Security guard training schools approved by the Division of Criminal Justice Services may submit the fingerprints of potential security guard registrants and of registered security guards. Such fingerprints may be taken by a designated employee of the training school who has been previously fingerprinted.
§174.6 Employment as a security guard: due diligence
Security guard companies shall exercise the following minimum due diligence steps to determine the qualification of an applicant for employment as a security guard:
(a) When the potential guard employee is already registered by the Secretary of State:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will examine the registration card and record the identification number on the employee statement.
(3) Company will call or contact the licensing guard registry and will:
(i) verify the validity of the registration card; and
(ii) confirm training status and determine:
(a) if on-the-job training has been satisfactorily completed;
(b) when the annual in-service training course is due; and
(c) in the case of an armed guard, when the annual armed in-service training is due;
(iii) record guard registry transaction number and date on the employee personnel file.
(4) Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment.”
(b) When the potential guard employee has an application for registration pending which was submitted by another company:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will examine the temporary registration card issued by another company to the employee applicant and attach copy to employee statement.
(3) Company will call or contact the licensing guard registry and will:
(i) verify validity of the pending guard registration application;
(ii) verify that all information necessary for the registration to be issued has been submitted; and
(iii) confirm training status and determine:
(a) if on-the-job training has been satisfactorily completed;
(b) when the annual in-service training course is due; and
(c) in the case of an armed guard, when the annual armed in-service training is due;
(iv) record guard registry transaction number and date on the employee personnel file;
(v) company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.
(4) Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment.”
(c) When the potential guard employee is new to the industry:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will call or contact the licensing guard registry and will:
(i) verify that no application is pending for the potential guard; and
(ii) verify that no prior disqualification of this potential guard has been made.
(3) Record guard registry transaction number and date on the employee personnel file.
(4) Verify identity. Such verification may be made by checking identifying documents such as a State- issued driver’s license or State-issued I.D. card with a photograph or a U.S. military card.
(5) Verify prior employment record as indicated on the employee statement form. Such verification may be made by the procurement and filing of reference letters from former employers.
(6) Company will have the guard employee complete an application for a security guard registration, and review criminal history answers to determine eligibility for employment.
(7) Company will verify that all necessary documents are attached to the application:
(i) photo;
(ii) one set of fingerprints of the guard applicant on standard fingerprint cards approved by the division;
(iii) [Reserved]
(iv) certification that the guard applicant has satisfactorily completed the preassignment training, and armed guard training where applicable;
(v) fees as prescribed in section 89-h of article 7A of the General Business Law;
(vi) a certification that the company has exercised due diligence to verify as true the information contained in the employee statement; and
(vii) a completed “Notice of Employment”.
(8) Company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.
§174.7 Notice of employment
All employers shall provide information on the employment of security guards to the Department of State on a notice of employment form.
(a) Notice of employment forms contained on the original application for security guard registration may be filed without additional fee.
(b) Notice of employment forms filed subsequent to the original registration application shall be accompanied by a $25 filing fee.
§174.10 Disqualifying disability
A disqualifying disability shall mean: having 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 positions, with or without reasonable accommodation, or who, as determined by the department poses a direct threat to health or safety.
§174.11 Investigation waiver
The department may after consultation with the Division of Criminal Justice Services waive background investigation and applicable fees if it determines that the security guard company or a security guard applicant submitting the application has been subject to such a background investigation requirement which meets or exceeds the requirements of article 7 or article 7A of the General Business Law. The department shall not be required to initiate background investigations for applicants who are also employed as police officers or as peace officers, and who have fingerprints on file with the Division of Criminal Justice Services.

§174.12 Security guard registration
(a) All individuals hired on or after January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law.
(b) All individuals hired prior to January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law within a 24-month period.
(1) Those individuals hired prior to January 1, 1994 in an even year shall be registered during the calendar year 1994 by the anniversary date of their hiring.
(2) Those individuals hired prior to January 1, 1994 in an odd year shall be registered during the calendar year 1995 by the anniversary date of their hiring.

Источник - [DLMURL]http://www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html[/DLMURL]
 
Original message
§89-q. Separability
If any item, clause, sentence, subparagraph, subdivision, section or other part of this article, or the application thereof to any person or circumstances shall be held to be invalid, such holding shall not affect, impair or invalidate the remainder of this article, or the application of such section or part of a section held invalid, to any other person or circumstances, but shall be confined in its operation to the item, clause, sentence, subparagraph, subdivision, section or other part of this article directly involved in such holding, or to the person and circumstances therein involved.
§89-r. Preemption
The provisions of this article shall govern notwithstanding any other law to the contrary and further, no local law shall be enacted which shall require any fee or license for the licensure or registration of security guards.
§89-s. Reporting
On or before February 1, 1994, and on or before February 1st of each succeeding year, the secretary, upon consultation with the commissioner and the security guard advisory council, shall report to the governor, the temporary president of the senate and the speaker of the assembly on the implementation, procedures, operation, training, and enforcement of the Security Guard Act of 1992, together with any recommendations relating thereto. Such report shall include, but not be limited to:
a. the number of security guards registered and maintained in the security guard registry;
b. the number of applicants for registration, and the number of applications denied with the reason or reasons therefor;
c. statistics related to the time it takes to process fingerprint cards, applications and inquiries to the registry by security guard companies;
d. the number and length of suspensions and revocations, and the number and amount of fines imposed;
e. the amount of fees collected by the department and the division;
f. the level of appropriation authority available to the department and the division and the amount of money expended by the department and division for the purposes of carrying out the provisions of this article; and
g. any other information which the department and the division deem necessary. The division shall provide the department with any information necessary to comply with the requirements of this section.
§89-w. Applicability
The provisions of this article shall not apply to a not-for-profit security guard company or public entity which hires a security guard or guards for a specific event or events solely for its own proprietary use and which employs such security guards only on a temporary basis for a total period not exceeding 15 days per year.

RULES AND REGULATIONS
TITLE 19 NYCRR
EMPLOYEES
PART 170
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§170.1 Security guard
(a) A person described in General Business Law section 89-f(6) is a security guard if he or she principally performs the activities of prevention, deterrence, control or enforcement.
(b) For purposes of this Part:
(1) prevention includes protecting persons and/or property from harm, theft, and other unlawful activity, including response to a security systems alarm;
(2) deterrence includes deterring, observing, detecting, and reporting unlawful or unauthorized activity;
(3) control includes controlling, by street or other patrol service, access to property, including employee personnel, visitors, vehicles and traffic;
(4) enforcement includes enforcing security policies, rules, regulations, and procedures.
(c) Principally performing shall mean:
(1) engaged in the functions set forth in subdivision (b) of this section for more than 50 percent of the person’s regularly scheduled work hours; or
(2) employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she is armed with a weapon; or
(3) employed to perform any or all of the above functions for any duration, with the condition of such employment being that he or she wear a military style uniform or insignia, either being indicative of security guard status.
(d) Police officers
(1) When employed by a security guard company, an off-duty police officer is exempt from the registration, fingerprinting and training provisions of the General Business Law, Article 7A. When employed by a security guard company, a retired or former police officer must comply with the registration, fingerprinting and training provisions of General Business Law Article 7A.
(2) Before employing an off-duty police officer as a security guard, a security guard company licensed pursuant to Article 7 of the General Business Law shall obtain an employee statement from the police officer as required by section 81(2) of the General Business Law; provided, however, a police officer shall be exempt from the fingerprinting provisions of subdivisions 3, 4, 5, 6 and 7 of section 81 of the General Business Law.
(e) Peace officers. When employed by a security guard company, an off-duty peace officer must comply with the registration and fingerprinting provisions of General Business Law Article 7-A. The peace officer must also comply with the training provisions of General Business Law section 89-n subject to that section’s special exceptions for peace officers.
(f) For the purposes of General Business Law, Article 7 and 7-A, a security guard is considered to be employed by a security guard company if the security guard is not independently licensed as a private investigator or as a watch, guard or patrol agency pursuant to General Business Law Article 7, even if the security guard is treated as an independent contractor by the security guard company for federal or state tax purposes.
§170.2 Fingerprinting of employees
(a) Employees of any licensed private investigator or licensed watch, guard or patrol agency whether contractual or proprietary shall be fingerprinted.
(1) All fingerprinting shall be performed at the office of the licensee or of another licensed private investigator or watch, guard or patrol agency by the person who qualifies as the licensee or by a designated person who is employed by the entity and who has been previously fingerprinted.
(2) The designation of such person(s) to take fingerprints shall be made in writing by the qualifying licensee and filed with the Albany Office of the Division of Licensing Services, Department of State.
(3) The form of certification on the fingerprint pattern card as to the taking of the fingerprints of an employee shall be signed by the person authorized to take such fingerprints as provided by this section and shall not be signed by any other person.
(b) The holder of a license shall submit to the Department of State, Division of Licensing Services in Albany one set of fingerprint cards for each employee that is hired within 24 hours of such employment. One set of fingerprint cards shall be retained by the employer and attached to the front of the employee statement of each person hired.
(c) The holder of any private investigator and watch, guard and patrol license that is performing guard service for a proprietary firm, company, partnership or corporation shall fingerprint all employees whose job duties are primarily related to the operation of the security guard entity.
(d) Along with the employee statement and fingerprint card, a copy of the fingerprint transmittal form which accompanies the fingerprint card shall be attached to each employee personnel folder.
(e) Individuals possessing a current security guard registration need only complete an employee statement to be retained in the employee personnel folder, in lieu of fingerprinting.
§170.3 Employee statements
(a) Employee statement. Each licensed private investigator, watch guard or patrol agency including every proprietary security guard company shall obtain a complete employee statement from each employee at the time of hiring. For a security guard company which has elected to form a security guard entity as provided in section 174.3 of this Title, such requirement shall apply only to those employees whose job duties are primarily related to the operation of such entity.
(b) The employee statement shall be a form prescribed by the Department of State, and shall inquire whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense), and any such further information as the Department of State shall require.
(c) A licensee under article 7 of the General Business Law may destroy the employee’s statement and fingerprint card referred to in section 81 of said article, provided that the employee has not been in the licensee’s employ for the period of at least one year immediately preceding said destruction; no such destruction shall take place in the event that there is any litigation pending and arising out of and in the course of the individual’s employment with the licensee.
§170.4 Fingerprinting of qualifying licensee(s)
Applicants for licensure for a private investigator or watch guard or patrol agency may be fingerprinted by employees of the Department of State, Division of Licensing Services at designated locations and at appointed times. The fingerprints of any applicant for licensure may also be taken and recorded by local and State Police, or sheriffs and chiefs of police in a form and manner approved by the Division of Criminal Justice Services. In such case, each fingerprint card shall be signed and authenticated by the official who took the fingerprints, with his/her title of office.
§170.5 Principal business address
All licensees under article 7 of the General Business Law shall maintain a principal place of business within New York State which shall contain the employee and business records for any licensed activities conducted within New York State.
§170.7 Multiple licenses
A licensed watch, guard or patrol agency or private investigator may not hold an employment agency license or have a financial interest in or participate in the control and management of any employment agency or any other entity engaged in the business of private investigator, except that such prohibition shall not apply in the following situations:
(a) the licensee owns stock in a corporation whose only business is to undertake for hire the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables; or
(b) the licensee owns stock in a corporation whose only business is to provide or furnish protective, guard or private investigator services to the Federal or New York State government or any subdivision, department, commission or agency thereof; or
(c) the corporation was created or subject to the provisions of chapter 440 of the Laws of 1926 (with respect to raising and breeding of horses) or chapter 254 of the Laws of 1940 (with respect to the parimutuel method of betting); or
(d) the licensee is a proprietary security guard company.
§170.8 Business records
Each licensee shall retain and maintain for a period of three years records of all transactions relating to the private investigator or watch, guard or patrol business.
§170.9 Employees’ identification cards issued by licensee
(a) Each employee of a licensed private investigator or watch, guard or patrol agency providing services as either an investigator or security guard shall be issued a company identification card as described herein.
(b) The form of the employee identification card shall be as follows:
(1) The identification card shall be 2" in height, 3¼" width.
(2) Predominate over all other information contained therein shall be the name and business address of the licensee as indicated on the license issued by the Department of State.
(3) Below this information shall be the word “employee” followed by the employee’s full name, and registration title — Security Guard or Armed Security Guard.
(4) In the upper left-hand corner of the identification card shall be placed a current photograph of the employee, approximately 1½" by 1½" in size. The photograph shall at all times be a true likeness of the employee’s actual appearance.
(5) Employee identification cards will be laminated after the photograph and signatures are affixed.
(6) Date of hire.
(7) The employee ID card format appears as follows:

Front 3¼" x 2"
Employee
Photo (Business Name)
(Business Address)
(City, State, Zip)
____________________ Employee Name___________________
(Title)
This business is licensed by
THE NEW YORK STATE DEPARTMENT OF STATE

Back 3¼" x 2"
Employee Name______________________ has been authorized
by (BUSINESS NAME) ___
to work as a Security
Guard or Investigator.
Date of hire: _____________________________________
_____________________________________
(signature of qualifier)
(c) Security guards’ identification cards to be temporary. Issuance of a company identification card to those individuals involved exclusively in the activities of a security guard shall be on a temporary basis until the appropriate security guard registration card is issued or denied by the Department of State. In accordance with the provisions of article 7A of the General Business Law, the card shall bear the words “Temporary ID”. After the issuance or denial of the State registration card, the temporary card shall be maintained in the personnel files of the employee for the duration of his/her employment or for a one-year period following dismissal.
(d) Termination of employment. Upon termination of employment, each employee of a licensed business shall surrender his/her identification card within five business days. A licensee shall notify the Department of State of the name of each terminated employee on a TERMINATION OF EMPLOYMENT FORM. In addition, employers must indicate on the form if the employee has not surrendered the identification card as required. Surrendered identification cards should be maintained in the personnel file of the terminated employee.
§170.10 Insignia/symbols of authority
(a) No licensed private investigator or licensed watch, guard or patrol agency shall use any badge, patch or insignia except as described herein:
(1) Any cloth or metal insignia authorized for use shall be no larger than 3ʺwide by 4ʺ high and rectangular in shape.
(2) The insignia used by security guards shall not be similar in design or appearance to the insignia of any police force or governmental agency. Such insignia shall not contain a replica of the Great Seal of the State of New York or the coat of arms of New York State. It shall show the full licensed name of the employer in a prominent and legible manner.
(3) Each insignia shall contain the words watch guard, guard, patrol, special service protection, security or armed security. The cloth patch or metal insignia shall be worn either on the shoulder or breast of the guard uniform or a hat.
(b) The exhibition, wear, or display of any insignia of authority including any badge, emblem, identification card, vehicle emblem or any advertisement which could deceive a reasonable person into believing that such item is authorized by a law enforcement agency or the bearer is a law enforcement officer is prohibited.
§170.11 Advertisements
All media advertisements placed by an individual or business licensed under this article, other than a proprietary security guard company, shall state, “Licensed by the New York State Department of State.”
§170.12 Contracts and agreements
(a) Consumers conducting business with an individual or firm licensed under this article shall receive a copy of any signed contract and/or agreement.
(b) All contracts and agreements used by an individual or firm licensed under this article shall include the following statement under the name of the business: “This business is licensed by the New York Department of State, Division of Licensing Services.”
§170.13 Supervision
All licensees under article 7 of the General Business Law shall be required to provide supervision of all employees engaged in the business of investigations or security guard work. Such supervision shall consist of regular, frequent and consistent guidance, instruction, oversight and superintendence by the licensee with respect to investigations or security guard work conducted by the licensee, and all matters relating thereto.
§170.14 State issued identification card
A security guard wearing a military style uniform shall prominently display the state issued registration card on his or her outer garment.
QAULIFYING SCHOOL REQUIREMENTS FOR BAIL ENFORCEMENT
TITLE 19 NYCRR, PART 171
§171.1 Approved Entities
Courses of instruction may be given by any college or university accredited by the Commissioner of Education of the State of New York, any public and/or private vocational school, any bail enforcement professional society or organization.
Section 171.2 Application for approval of course of study
An application for approval to conduct a 25 hour bail enforcement course shall be made 60 days before the proposed course is to begin and shall be submitted on a form prescribed by the Department. The application shall include the following:
(a) The name and business address of the school;
(b) The name and business address of the owners;
(1) If the owner is an individual, the name and business address of the individual;
(2) If the owner is a partnership, the name and business address of each partner;
(3) If the owner is a corporation, the name and business address of each shareholder owning five per cent or more of the corporate stock;
(4) If the owner is a limited liability company, the name and business address of each member of the limited liability company;
(5) If the owner is a not-for- profit corporation or education corporation, the name and business address of the corporation’s president or chief executive officer;
(c)The name, business address and telephone number of the education coordinator who will be responsible for compliance with the rules contained in this Part;
(d) The locations where classes will be conducted;
(e) A description of any materials that will be distributed during the course;
(f) A copy of any book(s) that will be used for the course;
(g) A course outline including the instructional time for each subject being presented; and
(h) Lesson plans along with learning objectives for the established curriculum.
Section 171.3 Subjects of study for bail enforcement agents
The following are the subject to be included in the 25 hour course of instruction for bail enforcement agents. All approved schools must use this course outline in their programs.
(a) New York State Licensing Law and Regulations
(b) Liability Issues
(1) Civil;
(2) Criminal;
(3) Search or seizure of bailee/fugitive, and
(4) Entering homes, businesses and vehicles;
(c) Rights of bailee/fugitive:
(1) Taylor v. Taintor;
(2) Rights of accused under State Law;
(3) Rights of accused under Federal Law;
(4) Extradition;
(d) Criminal and civil law relating to bail bonds;
(e) Basic concepts of criminal justice law;
(f) Ethics and professionalism; and
(g) Report writing.
Section 171.4 Attendance
To receive credit, a student must complete the entire 25 hour course of instruction.
Section 171.5 Certificate of successful completion
Upon satisfactory completion of the 25 hour course of instruction by a student, the school must give the student a certificate of completion which shall be signed and dated by the school’s course coordinator. The certificate must include the following information:
(a) The name of the school;
(b) The title of the course, which shall be “Bail Enforcement Course, 25 hours”;
(c) The school’s code number;
(d) A statement that the student, who shall be named, has satisfactorily completed a 25 hour course of study in bail enforcement subjects approved by the Secretary of State in accordance with Article 7 of the General Business Law; and
(e) The date on which the student completed the course.
Section 171.6 Faculty
An individual who wishes to teach any part of the 25 hour course shall submit a resume to the Department of State along with evidence that the applicant meets one of the following qualifications:
(a) Is an attorney;
(b) Is a police instructor;
(c) Is an FBI instructor;
(d) Has a teacher’s certificate from the New York State Education Department;
(e) Has 5 years of full-time experience as a police officer;
(f) Has a four-year college degree majoring in criminal justice; or
(g) Has five years, full-time experience as a licensed private investigator with significant bail enforcement experience.
Section 171.7 Retention of Records
Schools conducting approved courses shall retain records for students completing the school’s courses for a period of three years after completion of the course. Such records shall, at all times during that period, be available for inspection by a duly authorized representative of the Department of State.
Section 171.8 Lists
Within 30 days of the completion of a 25 hour course, a school must submit to the Department of State a list of the names and addresses of each student who successfully completed the course.
Section 171.9 Facilities
Each 25 hour course shall be presented at a facility as necessary to properly present the course.
Section 171.10 Auditing
A duly authorized representative of the Department of State may audit any course, verify attendance and inspect the records of attendance, at any time during its presentation and for a period of three years after the completion of the course.
Section 171.11 Suspensions and denials of course approval
(a) Within 60 days after receipt of the application for approval of a 25 hour course, the Department of State shall inform the school whether the course has been approved or denied, or whether additional information is needed.
(b) The Department of State may deny, suspend or revoke the approval of a bail enforcement course or instructor if it is determined that either is not in compliance with Article 7 of the General Business Law or the rules promulgated thereunder, or if it is determined that either has not adequately presented the course material set forth in section 171.3 of this Part.
Section 171.12 Credit for equivalent education in the bail enforcement field
The Department of State may grant credit for equivalent education if the applicant provides evidence, satisfactory to the Department of State, of having completed a course of study at an accredited college or university, which course of study includes course work substantially similar to that set forth in section 171.3 of this Part. To qualify for credit, the equivalent education may not be less than 25 hours.
Section 171.13 Registration Period and Fees
Each registration or renewal period for an approved course shall be 12 months or a part thereof. The registration or renewal period shall commence on January 1st or on the date on which the course is approved and shall expire on December 31st of the same year. The fee for registering a course with the Department of State shall be $25.00 for each registration period. Those registrants who wish to provide courses at locations other than the primary location listed on their initial application shall pay a fee of $25.00 for each additional location.
APPLICATIONS
PART 172
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§172.1 Equivalent position and experience— private investigator
To qualify for equivalent position and experience, under the provisions of section 72(1) of the General Business Law, as amended, an applicant for licensure as a private investigator shall have performed investigations as to the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, efficiency, loyalty, reputation, character, credit, business or financial responsibility or any person, group of persons, association, organization, society, firm or corporation, or as to the origins or responsibility for crimes and offenses, the location or recovery of lost or stolen property, the cause or origin of, or responsibility for losses or accidental damage or injury to persons or to real or personal property, or to secure evidence to be used before any authorized investigating committee, board of award, board of arbitration or in the trial of civil or criminal cases including as to the credibility of any witnesses. Such investigations shall have been performed for a period of three years, for an employer, firm, organization or governmental agency, whether subject to the provisions of article 7 of the General Business Law or otherwise, which required such investigations in the course of its regular operations, and which such investigations were conducted on a full-time basis in a position the primary duties of which were to conduct investigations and same comprised the major portion of the applicant’s activities therein; an applicant may substitute three years’ experience supervising and reviewing the work of at least three persons performing such investigations, obtained in a full-time position with such an employer, firm, organization or governmental agency, the primary duties and activities of which were such investigation supervision and review.
§172.2 Equivalent position and experience— watch, guard or patrol agency
To qualify as an equivalent position and experience under the provisions of section 72(1) of the General Business Law, an applicant for licensure as a watch, guard or patrol agency shall have performed services as described in article 7-A, section 89-f(6). Such services shall have been performed for a period of two years for an employer, firm, organization or governmental agency, whether subject to the provisions of article 7 of the General Business Law or otherwise, which required such services in the course of its regular operations, on a full-time basis, in a position, the primary duties of which were the performance of such services and same comprised the major portion of the applicant’s activities therein; an applicant may substitute two years’ experience supervising and reviewing the work of at least three persons performing such services obtained in a position with such an employer, firm, organization or governmental agency, the primary duties and activities of which were such guard supervision and review.
§172.3 Notice of criminal conviction
Any watch, guard or patrol agency licensee or any licensed private investigator, or any registered security guard who is convicted of a crime as defined in the Penal Law in this State or an offense which would constitute a crime in New York in any other state or Federal or foreign jurisdiction, shall give notice of such conviction to the Department of State, Division of Licensing Services, at its Albany Office, by certified mail, return receipt requested, within 10 days from date of conviction. Such notice shall be given notwithstanding pendency of appeal.

STATEMENT OF SERVICES
TO BE PERFORMED
PART 173

This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§173.1 Advance statement of services and charges
(a) No licensed private investigator, watch, guard or patrol agency shall undertake to perform any services on behalf of a client unless such licensee shall have delivered to the client a written statement, signed by the licensee, which shall set forth the specific service or services to be performed and the charge or fee therefor. In the event any or all of the services are to be performed on an hourly or other periodic basis, the rate therefor shall be set forth and a limit fixed as to the number of such periodic units of such services that may be performed without any specific authorization from the client; such statement shall also acknowledge that the licensee shall not perform any services beyond such limit unless the client shall consent thereto in writing.
(b) Anything to the contrary of this Part notwithstanding, the statement provided for in subdivision (a) of this section shall not be required to be delivered if the client and the licensee have entered into an agreement in writing, setting forth the services to be rendered and the fee or charge therefor, except that if the agreement provides for or relates to services to be rendered on a periodic basis and no limit as to such services is established by the agreement and there is no express understanding by the client waiving the fixing of any such limit, the licensee shall deliver the statement provided for in subdivision (a) of this section, to the extent of setting forth a limit as to the number of periodic units to be performed, beyond which no such services shall be performed without the written consent of the client.
(c) The licensee shall obtain an acknowledgment in writing from the client of receipt of any statement of services or charges or executed agreement delivered, or maintain receipt or proof of delivery of such statement.
§173.2 Records to be maintained
Unless otherwise agreed to in writing the licensee shall deliver to the client a written report, setting forth the services performed on the client’s behalf. This report shall be presented to the client at the time of billing and shall be maintained by the licensee for a period of three years after completion of the service, unless there is litigation pending which would require the records to be maintained until the litigation is completed.
SECURITY GUARD COMPANIES
PART 174
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§174.2 Exempt entities
(a) Public entities shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees who provide guard services as defined in article 7A of the General Business Law and these regulations.
(b) Operators of central security or fire alarm stations, whose employees conduct monitoring and reporting services at the central station to police or fire departments, shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees as required in article 7-A.
(c) Entities exempt from the licensing requirement of article 7 shall comply with all sections of law and regulations with regard to the registration and supervision of security guards, the maintenance of personnel records, and the filing of evidence of liability insurance.
§174.5 Fingerprint requirement
(a) The holder of any license pursuant to article 7 of the General Business Law shall submit the fingerprints of all employees as provided in section 170.2 of this Title, or, if a designation has been made pursuant to section 174.3 of this Part, of those employees within the security guard entity.
(b) Security guard companies not subject to licensure pursuant to article 7 shall submit the fingerprints of all security guard employees. Such fingerprints may be taken by any of the methods set forth in section 170.2 of this Title, or by a designated person who is employed by the security guard company and who has been previously fingerprinted.
(c) Security guard training schools approved by the Division of Criminal Justice Services may submit the fingerprints of potential security guard registrants and of registered security guards. Such fingerprints may be taken by a designated employee of the training school who has been previously fingerprinted.
§174.6 Employment as a security guard: due diligence
Security guard companies shall exercise the following minimum due diligence steps to determine the qualification of an applicant for employment as a security guard:
(a) When the potential guard employee is already registered by the Secretary of State:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will examine the registration card and record the identification number on the employee statement.
(3) Company will call or contact the licensing guard registry and will:
(i) verify the validity of the registration card; and
(ii) confirm training status and determine:
(a) if on-the-job training has been satisfactorily completed;
(b) when the annual in-service training course is due; and
(c) in the case of an armed guard, when the annual armed in-service training is due;
(iii) record guard registry transaction number and date on the employee personnel file.
(4) Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment.”
(b) When the potential guard employee has an application for registration pending which was submitted by another company:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will examine the temporary registration card issued by another company to the employee applicant and attach copy to employee statement.
(3) Company will call or contact the licensing guard registry and will:
(i) verify validity of the pending guard registration application;
(ii) verify that all information necessary for the registration to be issued has been submitted; and
(iii) confirm training status and determine:
(a) if on-the-job training has been satisfactorily completed;
(b) when the annual in-service training course is due; and
(c) in the case of an armed guard, when the annual armed in-service training is due;
(iv) record guard registry transaction number and date on the employee personnel file;
(v) company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.
(4) Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment.”
(c) When the potential guard employee is new to the industry:
(1) Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.
(2) Company will call or contact the licensing guard registry and will:
(i) verify that no application is pending for the potential guard; and
(ii) verify that no prior disqualification of this potential guard has been made.
(3) Record guard registry transaction number and date on the employee personnel file.
(4) Verify identity. Such verification may be made by checking identifying documents such as a State- issued driver’s license or State-issued I.D. card with a photograph or a U.S. military card.
(5) Verify prior employment record as indicated on the employee statement form. Such verification may be made by the procurement and filing of reference letters from former employers.
(6) Company will have the guard employee complete an application for a security guard registration, and review criminal history answers to determine eligibility for employment.
(7) Company will verify that all necessary documents are attached to the application:
(i) photo;
(ii) one set of fingerprints of the guard applicant on standard fingerprint cards approved by the division;
(iii) [Reserved]
(iv) certification that the guard applicant has satisfactorily completed the preassignment training, and armed guard training where applicable;
(v) fees as prescribed in section 89-h of article 7A of the General Business Law;
(vi) a certification that the company has exercised due diligence to verify as true the information contained in the employee statement; and
(vii) a completed “Notice of Employment”.
(8) Company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.
§174.7 Notice of employment
All employers shall provide information on the employment of security guards to the Department of State on a notice of employment form.
(a) Notice of employment forms contained on the original application for security guard registration may be filed without additional fee.
(b) Notice of employment forms filed subsequent to the original registration application shall be accompanied by a $25 filing fee.
§174.10 Disqualifying disability
A disqualifying disability shall mean: having 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 positions, with or without reasonable accommodation, or who, as determined by the department poses a direct threat to health or safety.
§174.11 Investigation waiver
The department may after consultation with the Division of Criminal Justice Services waive background investigation and applicable fees if it determines that the security guard company or a security guard applicant submitting the application has been subject to such a background investigation requirement which meets or exceeds the requirements of article 7 or article 7A of the General Business Law. The department shall not be required to initiate background investigations for applicants who are also employed as police officers or as peace officers, and who have fingerprints on file with the Division of Criminal Justice Services.

§174.12 Security guard registration
(a) All individuals hired on or after January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law.
(b) All individuals hired prior to January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law within a 24-month period.
(1) Those individuals hired prior to January 1, 1994 in an even year shall be registered during the calendar year 1994 by the anniversary date of their hiring.
(2) Those individuals hired prior to January 1, 1994 in an odd year shall be registered during the calendar year 1995 by the anniversary date of their hiring.

Источник - [DLMURL]http://www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html[/DLMURL]
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