Enquêteurs privés (État de New York) Partie 2

[Детективное агентство. Украина. Харьков. Львов.]

§74. Issuance of licenses; fee; bonds
1. (a) The application shall be accompanied by a non-refundable fee, payable to the Department of State for the use of the state, for each certificate of license, as hereinbelow enumerated, issued to the applicant, if the applicant be an individual, of $400 for a license as private investigator or bail enforcement agent or a fee of $300 for a license as watch, guard or patrol agency, or if the applicant be a firm, partnership, limited liability company or corporation, a fee of $500 for a license as private investigator or bail enforcement agent or a fee of $400 for a license as watch, guard or patrol agency.
(b) When the application shall have been examined and such further inquiry and investigation made as the Secretary of State shall deem proper, and when the Secretary of State shall be satisfied therefrom of the good character, competency and integrity of such applicant, or, if the applicant be a firm or partnership, the individual members thereof, or if the applicant be a limited liability company, the individual members thereof, or if the applicant be a corporation, the president, secretary, treasurer and all other officers and all directors thereof, and each stockholder owning 10 per centum or more of the stock and a period to 10 days from the date of the filing of the application shall have passed, the Department of State shall issue and deliver to such applicant a certificate of license to conduct such business and to own, conduct or maintain a bureau, agency, sub-agency, office or branch office for the conduct of such business on the premises stated in such application upon the applicant’s executing, delivering and filing in the office of such department a surety company bond in the sum of $10,000; provided however, that an applicant for a license as bail enforcement agent shall execute, deliver and file with the office of such department a surety company bond in the sum of $500,000, conditioned for the faithful and honest conduct of such business by such applicant, which surety bond must be written by a company recognized and approved by the Superintendent of Insurance of the state, and approved by the Department of State with respect to its form, manner of execution and sufficiency provided, further, however, before a license is issued to a non-resident the applicant must file with the Secretary of State a written consent to the jurisdiction of the courts of New York (i) in any case or cases arising from any contract for the performance of private investigative services as private investigator, bail enforcement agent or watch, guard or patrol agency, made within the state or to be performed, wholly or in part, within the state or in any way connected with the conduct of business within the state, and (ii) in any case or cases arising from any tort occurring within the state or occurring in connection with the business of the licensee within the state. The license as private investigator, bail enforcement agent or watch, guard or patrol agency granted pursuant to this article shall last for a period of two years, but shall be revocable at all times by the Department of State for cause shown. Such bond shall be taken in the name of the people of the State of New York, and any person injured by the violation of any of the provisions of this article or by the wilful, malicious and wrongful act of the principal or employee may bring an action against such principal, employee or both on said bond in his own name to recover damages suffered by reason of such wilful, malicious and wrongful act. In each and every suit, or prosecution arising out of this article, the agency of any employee as to the employment and as to acting in the course of his employment, shall be presumed. The license certificate shall be in a form to be prescribed by the Secretary of State and shall specify the full name of the applicant, the location of the principal office or place of business and the location of the bureau, agency, sub-agency, office or branch office for which the license is issued, the date on which it is issued, the date on which it will expire and the names and residences of the applicant or applicants filing the statement required by §72 of this article upon which the license is issued and in the event of a change of any such address or residence the Department of State shall be duly notified in writing of such change within 24 hours thereafter, and failure to give such notification shall be sufficient cause for revocation of such license. No such license as private investigator, bail enforcement agent or watch, guard or patrol agency shall be issued to a person under the age of 25 years.
(c) The Secretary of State shall receive a non-refundable examination fee of $15 from each person who takes an examination to qualify for application for licensure pursuant to this article. Fees paid to the Department of State pursuant to this article shall be deposited in the business and licensing services account established pursuant to §97-y of the State Finance Law.
2. Except as hereinafter in this subdivision provided, no such license shall be issued to any person who has been convicted in this state or any other state or territory of a felony, or any of the following offenses, to wit:
(a) illegally using, carrying or possessing a pistol or other dangerous weapon;
(b) making or possessing burglar’s instruments;
(c) buying or receiving or criminally possessing stolen property;
(d) unlawful entry of a building;
(e) aiding escape from prison;
(f) unlawfully possessing or distributing habit forming narcotic drugs;
(g) violating subdivisions 6 or 8, of §722 of the former Penal Law as in force and effect immediately prior to September 1, 1967, or violating §§ 165.25, 165.30 or subdivision 3 of §240.35 of the Penal Law;
(h) violating §742, §743, or §745 of the said former Penal Law, or violating any section contained in article 250 of the Penal Law. Except as hereinafter in this subdivision provided, no license shall be issued to any person whose license has been previously revoked by the Department of State or the authorities of any other state or territory because of conviction of any of the offenses specified in this section. The provisions of this subdivision shall not prevent the issuance of a license to any person who, subsequent to his conviction, shall have received executive pardon therefor removing this disability, or who has received a certificate of good conduct granted by the board of parole pursuant to the provisions of the Executive Law to remove the disability under this section because of such conviction or previous license revocation occasioned thereby.
3. There shall be kept in the office of the Department of State a bulletin board, in a place accessible to the general public, on which shall be posted at noon on Friday of each week the following: a statement of all pending applications for licenses under this article, giving the name of the applicant, and whether individual, firm, limited liability company or corporation, and the proposed business address; a similar statement of all such licenses issued during the preceding week; a similar statement of all such licenses revoked during the preceding week. No holder of an employment agency license shall be licensed under this article. While holding a license under this article a licensee shall not simultaneously hold an employment agency license or have financial interest in or participate in the control and management of any employment agency or any other person, firm, limited liability company or corporation engaged in private detective business except that a licensee hereunder may own or possess stock in any corporation whose only business is to undertake for hire the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables or whose only business is to provide or furnish protective, guard or private investigator service to:
(a) the government of the United States or any subdivision, department or agency of the government of the United States, the government of the State of New York or any of its subdivisions, departments, commissions or agencies; or
(b) a corporation created under or subject to the provisions of chapter 440 of the Laws of 1926 or chapter 254 of the Laws of 1940. In the event of the filing in the office of the Department of State a verified statement of objections to the issuance of a license under the provisions of this article, no license shall be issued to such applicant until all objections shall have been heard in a public hearing and a determination made in a manner provided by §79 of this article.
4. For changing the name on a license or for changing the status of a license, the Secretary of State shall receive a non-refundable fee of $150.
5. For changing the address on a license, the Secretary of State shall receive a non-refundable fee of $10.
§74-a. Notification
Prior to taking or attempting to take into custody a person, a bail enforcement agent shall notify a local law enforcement agency having jurisdiction over the area in which the person is believed to be located of such bail enforcement agent's intentions. The notification shall be provided on a form prescribed by the local law enforcement agency. Notwithstanding, the form shall include information including but not limited to name, address, local address and motor vehicle registration of said agent. The local law enforcement agency in prescribing such form may consult with the division of criminal justice services. A representative of a local law enforcement agency may accompany a bail enforcement agent when the bail enforcement agent enters what is believed to be an occupied structure to search for or to apprehend a person.
§75. Posting and surrender of license certificate
Immediately upon the receipt of the license certificate issued by the Department of State pursuant to this article, the licensee named therein shall cause such license certificate to be posted up and at all times displayed in a conspicuous place in the bureau, agency, sub-agency, office or branch office for which it is issued, so that all persons visiting such place may readily see the same. Such license certificate shall at all reasonable times be subject to inspection by the Secretary of State or an authorized representative or representatives of the Department of State. It shall be unlawful for any person, firm, partnership, limited liability company or corporation holding such license certificate to post such certificate or to permit such certificate to be posted upon premises other than those described therein or to which it has been transferred pursuant to the provisions of this article, or knowingly to alter, deface or destroy any such license certificate. Every license certificate shall be surrendered to the Department of State within 72 hours after its terms shall have expired or after notice in writing to the holder that such license has been revoked. Failure to comply with any of the provisions of this section is a misdemeanor and sufficient cause for the revocation of a license.

§76. Certificate or pocket card lost or destroyed
If it shall be established to the satisfaction of the Secretary of State, in accordance with rules and regulations of such department, that an unexpired license certificate or pocket card, issued in accordance with the provisions of this article, has been lost or destroyed without fault on the part of the holder, such department shall issue a duplicate license certificate or pocket card for the unexpired portion of the term of the original license certificate. The Secretary of State shall receive a non-refundable fee of $10 for issuing a duplicate certificate of license or identification card.
§77. Removal of bureau, agency or office
If the holder of an unexpired license certificate issued pursuant to this article shall remove the bureau, agency, sub-agency, office or branch office to a place other than that described in the license certificate, he shall, within the 24 hours immediately following such removal, give written notice of such removal to the Department of State, which notice shall describe the premises to which such removal is made and the date on which it was made, and send such license certificate to such department, at its office in the City of Albany, and such department shall cause to be written or stamped across the face of such license certificate a statement, signed by the Secretary of State or an authorized subordinate of the Department of State, to the effect that the holder of such license has removed, on the date stated in such written notice, such bureau, agency, sub-agency, office or branch office from the place originally described in such license certificate to the place described in such written notice, and such license certificate with the indorsement thereon shall then be returned to the licensee named therein.
§78. Renewal of licenses
A license granted under the provisions of this article may be renewed by the Department of State upon application therefor by the holder thereof, in such form as such department may prescribe, accompanied by the non-refundable fee and surety bond each in amounts equivalent to those specified in §74 of this article as pertaining to original licenses. The application shall be filed six weeks before the expiration date of the license unless the application is accompanied by a non-refundable late filing fee of $100. In no event will renewal be granted more than six months after the date of expiration of a license. No person, firm, limited liability company, partnership or corporation shall carry on any business subject to this article during any period which may exist between the date of expiration of a license and the renewal thereof.
§78-a. Surrender of licenses
A license issued pursuant to this article may not be surrendered nor may any licensee resign as such licensee without the written approval of the Secretary of State or any deputy authorized to act for him.
§79. Hearings, notice, determinations, review
1. The Department of State shall have the power to revoke or suspend any license, or in lieu thereof to impose a fine not exceeding $1,000 payable to the Department of State, or reprimand any licensee or deny an application for a license or renewal thereof upon proof:
(a) that the applicant or licensee has violated any of the provisions of this article or the rules and regulations promulgated hereunder;
(b) that the applicant or licensee has practiced fraud, deceit or misrepresentation;
(c) that the applicant or licensee has made a material misstatement in the application for or renewal of his license;
(d) that the applicant or licensee has demonstrated incompetence or untrustworthiness in his actions;
(e) that the applicant or licensee has violated any of the provisions of article 7-A of this chapter or the rules and regulations promulgated thereunder.
2. The Department of State shall, before denying an application for a license or before revoking or suspending any license, excepting a temporary suspension as provided in subdivision 5 hereof, or imposing any fine or reprimand, and at least 15 days prior to the date set for the hearing, and upon due notice to the complainant or objector, notify in writing the applicant for, or the holder of such license of any charge made and shall afford said applicant, or licensee, an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant or licensee, or by mailing same by registered mail to the last known business address of such applicant or licensee.
3. The hearing on such charges shall be at such time and place as the Department of State shall prescribe and shall be conducted by such officer or person in the department as the Secretary of State may designate, who shall have the power to subpoena and bring before the officer or person so designated any person in this state, and administer an oath to and take testimony of any person or cause his deposition to be taken. A subpoena issued under this section shall be regulated by the Civil Practice Law and Rules. Such officer or person in the Department of State designated to take such testimony shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.
4. In the event that the department shall deny the application for, or revoke or suspend any such license, or impose any fine or reprimand, its determination shall be in writing and officially signed. The original of such determination, when so signed, shall be filed in the office of the department and copies thereof shall be mailed to the applicant or licensee and to the complainant within two days after the filing thereof as herein prescribed.
5. The department, acting by the officer or person designated to conduct the hearing pursuant to subdivision 3 above or by such other officer or person in the department as the Secretary of State may designate, shall have the power to suspend the license of any licensee who has been convicted in this state or any other state or territory of a felony or of any misdemeanor or offense enumerated under subdivision 2 of §74 or under §84 of this chapter for a period not exceeding 30 days pending a hearing and a determination of charges made against him. If such hearing is adjourned at the request of the licensee, or by reason of any act or omission by him or on his behalf, such suspension may be continued for the additional period of such adjournment.
6. The action of the Department of State in granting or refusing to grant or to renew a license under this article or in revoking or suspending or refusing to revoke or suspend such a license or imposing any fine or reprimand shall be subject to review by a proceeding instituted under article 78 of the Civil Practice Law and Rules at the instance of the applicant for such license, the holder of a license so revoked, suspended, fined or reprimanded or the person aggrieved.
§80. License certificates, pocket cards or badges
Upon the issuing of a license as hereinbefore provided the Department of State shall issue to each person, partner, member of a limited liability company or officer of a corporation making and filing a statement required by §72 of this article a pocket card of such size and design as the Department of State may prescribe, which card shall contain a photograph of the licensee, the name and business address of the licensee and the imprint or impress of the seal of the Department of State which pocket card shall be evidence of due authorization pursuant to the terms of this article. All persons to whom such license certificates or pocket cards shall have been issued shall be responsible for the safe keeping of the same, and shall not lend, enable, let or allow any other person to have, hold, use or display such certificate or pocket card; and any person so parting with such a license certificate or pocket card or displaying the same without authority, or who shall display any license certificate or pocket card purporting to authorize the holder thereof to act as a private investigator, bail enforcement agent or watch, guard or patrol agency, unless the same shall have been duly issued pursuant to the provisions of this article, shall be guilty of a misdemeanor. Failure to comply with the provisions of this section shall be sufficient cause for revocation of such license, and all such certificates or pocket cards shall be returned to the Department of State within 72 hours after the holder thereof has received notice in writing of the expiration or revocation of such license. It shall be unlawful for a holder of a license or anyone else to distribute, possess, use or display any license certificate, pocket card, badge, shield or any other indicia of a license status pursuant to this article except as set forth in this article. Any person who is a licensee hereunder or an officer or authorized employee of any other person, firm, limited liability company or corporation, whether or not licensed hereunder, while performing the services of a watchman, guard or private patrolman, may wear on his outer clothing a rectangular metal or woven insignia approved by the Department of State, which insignia shall not be larger than three inches high nor four inches wide with an inscription thereon containing the word “watchman”, “guard,” “patrol” or “special service” and the name of such licensee or employer. It shall be unlawful for any employer, whether or not licensed hereunder, to wear or distribute to his, their or its employees any employment identification except as authorized in this article and approved by the Secretary of State. Any person violating any provision of this section shall be guilty of a misdemeanor.
§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 §71 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 2 of §74 of this chapter, and who has not subsequent to such conviction received executive pardon therefor removing this disability, or received a certificate of good conduct granted by the Board of Parole pursuant to the provisions of the Executive 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) That the applicant for employment is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States.
(c) 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.
(d) 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.
(e) 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 24 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 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 $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.
§82. Employees not to divulge information or make false reports
Any person who is or has been an employee of a holder of a license shall not divulge to any one other than his employer, or as his employer shall direct, except as he may be required by law, any information acquired by him during such employment in respect of any work to which he shall have been assigned by such employer. Any such employee violating the provisions of this section and any such employee who shall wilfully make a false report to his employer in respect of any of such work, shall be guilty of a misdemeanor. The employer of any employee believed to have violated this section shall without any liability whatsoever upon said employer supply the Secretary of State or such officer or person in the Department of State as the Secretary of State may designate, all the known facts and circumstances in connection with the said employee’s transaction or performance or action believed to be in violation of this article and the Secretary of State or his authorized representative shall, should the facts and circumstances be deemed to warrant, conduct further investigation and submit the evidence thus acquired to the attorney-general of the state for appropriate action in accordance with the provisions of §85 of this chapter.
§83. Application of article
Nothing in this article shall apply to any detective or officer belonging to the police force of the state, or any county, city, town or village thereof, appointed or elected by due authority of law, or to any person in the employ of any police force or police department of the state, or of any county, city, town or village thereof while engaged in the performance of their official duties; nor to any person, firm, limited liability company, partnership, corporation, or any bureau or agency, whose business is exclusively the furnishing of information as to the business and financial standing, and credit responsibility of persons, firms, or corporations, or as to the personal habits and financial responsibility of applicants for insurance, indemnity bonds or commercial credit or of claimants under insurance policies; and whose business does not embrace other activities described in §71 of this article; or whose business is licensed by the commissioner of labor under the provisions of §24-a or subdivision 3-b of §50 of the Workers’ Compensation Law or whose business is representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund; nor to any corporation duly authorized by the state to operate a central burglar or fire alarm protection business; nor to any person while engaged in the business of adjuster for an insurance company nor to any public adjuster licensed by the superintendent of insurance under the Insurance Law nor to any person regularly employed as special agent, detective or investigator exclusively by one employer in connection with the affairs of that employer only nor to any charitable or philanthropic society or association duly incorporated under the laws of the state and which is organized and maintained for the public good and not for private profit, nor shall anything in this article contained be construed to affect in any way attorneys or counselors at law in the regular practice of their profession, but such exemption shall not enure to the benefit of any employee or representative of such attorney or counselor at law who is not employed solely, exclusively and regularly by such attorney or counselor at law. No person, firm, limited liability company, partnership, corporation or any bureau or agency exempted hereunder from the application of this article shall perform any manner of private investigator, bail enforcement agent or watch, guard or patrol agency service as described in §71 of this article, for any other person, firm, limited liability company, partnership, corporation, bureau or agency whether for fee, hire, reward, other compensation, remuneration, or consideration or as an accommodation without fee, reward or remuneration or by a reciprocal arrangement whereby such services are exchanged on request of parties thereto. The commission of a single act prohibited by this article shall constitute a violation thereof.
Nothing in this article shall be construed to affect or prohibit the right of any person to form or become affiliated with or to continue as a member of any union, association, society or organization of his own choosing.

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

 

[Матушкин Андрей Николаевич]

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[Частный детектив Донецк]

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