Özel Dedektifler (New York Eyaleti) Bölüm 1

[Детективное агентство. Украина. Харьков. Львов.]

Private Investigators, Bail Enforcement Agents and Watch,
Guard or Patrol Agencies License Law
Article 7 General Business Law
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Section Section
70 Licenses 80 License certificates, pocket cards or badges
71 Definitions 81 Employees
72 Application for licenses 82 Employees not to divulge information or make false reports
73 Enforcement of article; investigations 83 Application of article
74 Issuance of licenses; fee; bonds 84 Unlawful acts
74-a Notification 85 Attorney-general to prosecute
75 Posting and surrender of license certificate 86 Reward may be presumed
76 Certificate or pocket card lost or destroyed 87 Department of State to employ agents; expenses or enforcement of law
77 Removal of bureau, agency or office 88 Roster of licensees
78 Renewal of licenses 89 Inspection by Commissioner of Labor
78-a Surrender of licenses 89-a Disposition of fees and other revenue
79 Hearings, notice, determinations, review

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Security Guard Act
Article 7-A General Business Law
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Section Section
89-f Definitions 89-n Training requirements
89-g Employment of security guards 89-o Rules and regulations
89-h Requirements for a registration card 89-p Violations and penalties
89-i Investigation 89-q Separability
89-j Security guard registry 89-r Preemption
89-k Issuance and denial of registration cards 89-s Reporting
89-l Suspension, revocation and reissuance of registration cards 89-w Applicability
89-m Renewal of registration cards

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Employees
Title 19 NYCRR, Part 170
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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, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
Section Section
170.1 Security guard 170.9 Employees’ identification cards issued by licensee
170.2 Fingerprinting of employees 170.10 Insignia/symbols of authority
170.3 Employee statements 170.11 Advertisements
170.4 Fingerprinting of qualifying licensee(s) 170.12 Contracts and agreements
170.5 Principal business address 170.13 Supervision
170.7 Multiple licenses 170.14 State issued identification card
170.8 Business records

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Qualifying School Requirements for Bail Enforcement
Title 19 NYCRR, Part 171
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Section Section
171.1 Approved entities 171.8 Lists
171.2 Application for approval of course of study 171.9 Facilities
171.3 Subjects of study for bail enforcement agents 171.10 Auditing
171.4 Attendance 171.11 Suspensions and denials of course approval
171.5 Certificate of successful completion 171.12 Credit for equivalent education in the bail enforcement field
170.6 Faculty 171.13 Registration period and fees
170.7 Retention of records

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Applications
Title 19 NYCRR, Part 172
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Section
172.1 Equivalent position and experience—private investigator
172.2 Equivalent position and experience—watch, guard or patrol agency
172.3 Notice of criminal conviction

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Statement of Services to Be Performed
Title 19 NYCRR, Part 173
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Section
173.1 Advance statement of services and charges
173.2 Records to be maintained

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Security Guard Companies
Title 19 NYCRR, Part 174
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Section
174.2 Exempt entities
174.5 Fingerprint requirement
174.6 Employment as a security guard: due diligence
174.7 Notice of employment
174.10 Disqualifying disability
174.11 Investigation waiver
174.12 Security guard registration

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§70. Licenses
1. The Department of State shall have the power to issue separate licenses to private investigators, bail enforcement agents and to watch, guard or patrol agencies. Nothing in this article shall prevent a private investigator licensed hereunder from performing the services of a watch, guard or patrol agency or bail enforcement agents as defined herein; however, a watch, guard or patrol agency or bail enforcement agents may not perform the services of a private investigator as defined herein.
2. No person, firm, company, partnership, limited liability company or corporation shall engage in the business of private investigator, business of bail enforcement agents or the business of watch, guard or patrol agency, or advertise his, their or its business to be that of private investigator, bail enforcement agents or watch, guard or patrol agency, notwithstanding the name or title used in describing such agency or notwithstanding the fact that other functions and services may also be performed for fee, hire or reward, without having first obtained from the Department of State a license so to do, as hereinafter provided, for each bureau, agency, sub-agency, office and branch office to be owned, conducted, managed or maintained by such person, firm, company, partnership, limited liability company or corporation for the conduct of such business.
3. No person, firm, company, partnership, limited liability company or corporation shall engage in the business of furnishing or supplying for fee, hire or any consideration or reward information as to the personal character or activities of any person, firm, company, or corporation, society or association, or any person or group of persons, or as to the character or kind of the business and occupation of any person, firm, company or corporation, or own or conduct or maintain a bureau or agency for the above mentioned purposes, except exclusively as to the financial rating, standing, and credit responsibility of persons, firms, companies 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, provided the business so exempted does not embrace other activities as described in §71 of this article, or except where such information is furnished or supplied by persons licensed under the provisions of §24-a or subdivision 3-b of §50 of the Workers’ Compensation Law or representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund, without having first obtained from the Department of State, as hereafter provided, a license so to do as private investigator for each such bureau or agency and for each and every sub-agency, office and branch office to be owned, conducted, managed or maintained by such persons, firm, limited liability company, partnership or corporation for the conduct of such business. Nothing contained in this section shall be deemed to include the business of adjusters for insurance companies, nor public adjusters licensed by the superintendent of insurance under the Insurance Law of this state.
4. Any person, firm, company, partnership or corporation who violates any provision of this section shall be guilty of a class B misdemeanor.

§71. Definitions
1. “Private investigator” shall mean and include the business of private investigator and shall also mean and include, separately or collectively, the making for hire, reward or for any consideration whatsoever, of any investigation, or investigations for the purpose of obtaining information with reference to any of the following matters, notwithstanding the fact that other functions and services may also be performed for fee, hire or reward; crime or wrongs done or threatened against the government of the United States of America or any state or territory of the United States of America; the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person, group of persons, association, organization, society, other groups of persons, firm or corporation; the credibility of witnesses or other persons; the whereabouts of missing persons; the location or recovery of lost or stolen property; the causes and origin of, or responsibility for fires, or libels, or losses, or accidents, or damage or injuries to real or personal property; or the affiliation, connection or relation of any person, firm or corporation with any union, organization, society or association, or with any official, member or representative thereof; or with reference to any person or persons seeking employment in the place of any person or persons who have quit work by reason of any strike; or with reference to the conduct, honesty, efficiency, loyalty or activities of employees, agents, contractors, and sub-contractors; or the securing of evidence to be used before any authorized investigating committee, board of award, board of arbitration, or in the trial of civil or criminal cases. The foregoing shall not be deemed to include the business of persons licensed by the industrial commissioner under the provisions of §24-a or subdivision 3-b of §50 of the Workers’ Compensation Law or representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the Superintendent of Insurance under the Insurance Law of this State.
1a. “Bail enforcement agent” shall mean and include only the business of bail enforcement and shall also mean and include, separately or collectively, the engaging in the business of enforcing the terms and conditions of a person’s release from custody on bail in a criminal proceeding, including locating, apprehending and returning any such person released from custody on bail who has failed to appear at any stage of a criminal proceeding to answer the charge before the court in which he may be prosecuted. The foregoing shall not be deemed to include the business of persons licensed under the provisions of §24-a or subdivision 3-b of section 50 of the Workers’ Compensation Law or representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the Superintendent of Insurance under the Insurance Law of this state or the business of private investigator, watch, guard or patrol agency or security guard company.
2. “Watch, guard or patrol agency” shall mean and include the business of watch, guard or patrol agency and shall also mean and include, separately or collectively, the furnishing, for hire or reward, of watchmen or guards or private patrolmen or other persons to protect persons or property or to prevent the theft or the unlawful taking of goods, wares and merchandise, or to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes or other valuable documents, papers, and articles of value, or to procure the return thereof or the performing of the service of such guard or other person for any of said purposes. The foregoing shall not be deemed to include the business of persons licensed by the industrial commissioner under the provisions of §24-a or subdivision 3-b of §50 of the Workers’ Compensation Law or representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the Superintendent of Insurance under the Insurance Law of this State.
3. The term the “business of private investigator,” and the term “private investigator” shall mean and include any person, firm, limited liability company, partnership or corporation engaged in the business of private investigator as defined in subdivision one of this section with or without the assistance of any employee or employees. The term “business of watch, guard or patrol agency” and the term “watch, guard or patrol agency” shall mean and include any person, firm, limited liability company, partnership or corporation engaged in the business of watch, guard or patrol agency as defined in subdivision two of this section or the business of a security guard company as defined in subdivision five of §89-f of this Chapter with or without the assistance of any employee or employees. For the purposes of this article, a public entity as defined in subdivision seven of §89-f of this Chapter or a security guard company which utilizes security guards solely for its own proprietary use shall not be deemed a security guard company.
4. The term “business of bail enforcement agent” and the term “bail enforcement agent” shall mean and include any person, firm, company, partnership or corporation engaged in the business of bail enforcement
as defined in subdivision 1-a of this section with or without the assistance of any employee or employees.

§72. Application for licenses
Any person, firm, partnership, limited liability company or corporation intending to conduct the business of private investigator, business of bail enforcement agent or the business of watch, guard or patrol agency, and any person, firm, partnership, limited liability company or corporation intending to conduct the business of furnishing or supplying information as to the personal character of any person or firm, or as to the character or kind of the business and occupation of any person, firm or corporation, society or association or any person or group of persons, or intending to own, conduct, manage or maintain a bureau or agency for the above mentioned purposes, or while engaged in other lawful business activities also intending to engage in any one or more of the activities set forth in §71 of this article except exclusively as to the financial rating, standing, and credit responsibility of persons, firms, companies or corporations or as to personal habits and financial responsibility of applicants for insurance indemnity bonds or commercial credit or of claimants under insurance policies shall, for each such bureau or agency and for each and every sub-agency, office and branch office to be owned, conducted, managed or maintained by such person, firm, partnership, limited liability company or corporation for the conduct of such business, file in the office of the Department of State a written application, on forms provided by the department containing such information and documentation, including fingerprints, as the Secretary of State may require by rule and regulation.
1. If the applicant is a person, the application shall be subscribed by such person, and if the applicant is a firm or partnership the application shall be subscribed by each individual composing or intending to compose such firm or partnership. The application shall state the full name, age, residences within the past three years, present and previous occupations of each person or individual so signing the same, that each person or individual is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and shall also specify the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the principal place of business and the bureau, agency, sub- agency, office or branch office for which the license is desired, and such further facts as may be required by the Department of State to show the good character, competency and integrity of each person or individual so signing such application. Each person or individual signing such application shall, together with such application, submit to the Department of State, his photograph, taken within six months prior thereto in duplicate, in passport size and also two sets of fingerprints of his two hands recorded in such manner as may be specified by the Secretary of State or the Secretary of State’s authorized representative. Before approving such application it shall be the duty of the Secretary of State or the Secretary of State’s authorized representative to forward one copy of such fingerprints to the Division of Criminal Justice Services. Upon receipt of such fingerprints, such division shall forward to the Secretary of State a report with respect to the applicant’s previous criminal history, if any, or a statement that the applicant has no previous criminal history according to its files. If additional copies of fingerprints are required the applicant shall furnish them upon request. The Secretary shall reveal the name of the applicant to the chief of police and the district attorney of the applicant’s residence and of the proposed place of business and shall request of them a report concerning the applicant’s character in the event they shall have information concerning it. The Secretary shall take such other steps as may be necessary to investigate the honesty, good character and integrity of each applicant. Every such applicant for a license as private investigator shall establish to the satisfaction of the Secretary of State (a) if the applicant be a person, or, (b) in the case of a firm, limited liability company, partnership or corporation, at least one member of such firm, partnership, limited liability company or corporation, has been regularly employed, for a period of not less than three years, undertaking such investigations as those described as performed by a private investigator in subdivision one of §71 of this article, as a sheriff, police officer in a city or county police department, or the Division of State Police, investigator in an agency of the state, county, or United States government, or employee of a licensed private investigator, or has had an equivalent position and experience or that such person or member was an employee of a police department who rendered service therein as a police officer for not less than twenty years or was an employee of a fire department who rendered service therein as a fire marshal for not less than 20 years. However, employment as a watchman, guard or private patrolman shall not be considered employment as a “private investigator” for purposes of this section. Every such applicant for a license as watch, guard or patrol agency shall establish to the satisfaction of the Secretary of State (a) if the applicant be a person, or, (b) in the case of a firm, limited liability company, partnership or corporation, at least one member of such firm, partnership, limited liability company or corporation, has been regularly employed, for a period of not less than two years, performing such duties or providing such services as described as those performed or furnished by a watch, guard or patrol agency in subdivision two of §71 of this article, as a sheriff, police officer in a city or county police department, or employee of an agency of the state, county or United States government, or licensed private investigator or watch, guard or patrol agency, or has had an equivalent position and experience; qualifying experience shall have been completed within such period of time and at such time prior to the filing of the application as shall be satisfactory to the Secretary of State. The person or member meeting the experience requirement under subdivision one of this section and the person responsible for the operation and management of each bureau, agency, sub-agency, office or branch office of the applicant shall provide sufficient proof of having taken and passed a written examination prescribed by the Secretary of State to test their understanding of their rights, duties and powers as a private investigator and/or watchman, guard or private patrolman, depending upon the work to be performed under the license. In the case of an application subscribed by a resident of the State of New York such application shall be approved, as to each resident person or individual so signing the same, but not less than five reputable citizens of the community in which such applicant resides or transacts business, or in which it is proposed to own, conduct, manage or maintain the bureau, agency, sub-agency, office or branch office for which the license is desired, each of whom shall subscribe and affirm as true, under the penalties of perjury, that he has personally known the said person or individual for a period of at least five years prior to the filing of such application, that he has read such application and believes each of the statements made therein to be true, that such person is honest, of good character and competent, and not related or connected to the person so certifying by blood or marriage. In the case of an application subscribed by a non-resident of the State of New York such application shall be approved, as to each non-resident person or individual so signing the same by not less than five reputable citizens of the community in which such applicant resides. The certificate of approval shall be signed by such reputable citizens and duly verified and acknowledged by them before an officer authorized to take oaths and acknowledgment of deeds. All provisions of this section, applying to corporations, shall also apply to joint-stock associations, except that each such joint-stock association shall file a duly certified copy of its certificate of organization in the place of the certified copy of its certificate of incorporation herein required.
1a. Every such applicant for a license as bail enforcement agent shall establish to the satisfaction of the secretary of state (a) if the applicant be a person, or (b) in the case of a firm, company, partnership, or corporation, at least one member of such firm, partnership, company or corporation, has been regularly employed, for a period of not less than three years, performing such duties or providing such services as described as those furnished by a bail enforcement agent in § 71 of this article, as a sheriff, police officer in a city or county police department, or the Division of State Police, investigator in an agency of the state, county, or United States government, or employee of a licensed private investigator, or has had an equivalent position and experience or that such person or member was an employee of a police department who rendered service therein as a police officer for not less than 20 years or was an employee of a fire department who rendered service therein as a fire marshal for not less than 20 years.
1-b. The person or member meeting the experience requirement under subdivisions 1 and 1-a of this section and any person or member of such firm, company, partnership or corporation who engages in the apprehension and return of suspects who fail to appear before the court must either satisfactorily complete a basic certification course in training for bail enforcement agents offered by a provider that is approved by the Secretary of State; or such person or member must have served as a police officer, as that term is defined in subdivision 34 of section 1.20 of the Criminal Procedure Law, for a period of not less than three years. The basic course of training shall include at least 25 hours of training approved by the Secretary of State and must include instruction on issues involved with the rights and limitations involving the bailee/ fugitive who signs a contract with the bail enforcement agent. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
2. If the applicant is a corporation, the application shall be subscribed by the president, secretary, treasurer, and all other officers and directors working for such corporation within the State of New York, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, and the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will reasonably indicate the location thereof, where is to be located the bureau, agency, sub-agency, office or branch office for which the license is desired, the amount of the corporation’s outstanding paid up capital stock and whether paid in cash or property, and, if in property, the nature of the same, and shall be accompanied by a duly certified copy of its certificate of incorporation. Each and every requirement as to character of subdivision one of this section as to a person or individual member of a firm or partnership shall apply to the president, secretary, treasurer and all other officers and directors working for such corporation within the State of New York and each such officer and director, his successor and successors shall prior to entering upon the discharge of his duties subscribe a like statement, approved in like manner, as is by said subdivision one prescribed in the case of a person or individual member of a firm or partnership.
3. Each person subscribing an application pursuant to this section shall affirm that the statements therein are true under the penalties of perjury.
4. The Secretary of State may deny, suspend or revoke the license of a corporation if, at any time, 10 per centum or more of the corporate stock is held by a person who cannot meet the character standard set for an individual licensee.
§73. Enforcement of article; investigations
1. The Secretary of State shall have the power to enforce the provisions of this article and article 7-A of this chapter and upon complaint of any person, or on his own initiative, to investigate any violation thereof or to investigate the business, business practices and business methods of any person, firm, limited liability company, partnership or corporation applying for or holding a license as a private investigator, bail enforcement agent or watch, guard or patrol agency, if in the opinion of the Secretary of State such investigation is warranted. Each such applicant or licensee shall be obliged, on request of the Secretary of State, to supply such information, books, papers or records as may be required concerning his, their or its business, business practices or business methods, or proposed business practices or methods. Failure to comply with a lawful request of secretary shall be a ground for denying an application for a license, or for revoking, suspending, or failing to renew a license issued under this article.
2. For the purpose of enforcing the provisions of this article and article 7-A of this chapter, and in making investigations relating to any violation thereof, and for the purpose of investigating the character, competency and integrity of the applicants or licensees hereunder, and for the purpose of investigating the business, business practices and business methods of any applicant or licensee, or of the officers or agents thereof, the Department of State, acting by such officer or person in the department as the Secretary of State may designate, shall have the power to subpoena and bring before the officer or person so designated any person in this state and require the production of any books, records or papers which he deems relevant to the inquiry and administer an oath to and take testimony of any person or cause his deposition to be taken, except that any applicant or licensee or officer or agent thereof shall not be entitled to fees and/or mileage. A subpoena issued under this section shall be regulated by the Civil Practice Law and Rules. Any person, duly subpoenaed, who fails to obey such subpoena without reasonable cause or without such cause refuses to be examined or to answer any legal or pertinent question as to the character or qualification of such applicant or licensee or such applicant’s or licensee’s business, business practices and methods or such violations, shall be guilty of a misdemeanor. The testimony of witnesses in any investigative proceeding shall be under oath, which the Secretary of State or one of his deputies, or a subordinate of the Department of State designated by the Secretary of State, may administer, and wilful false swearing in any such proceeding shall be perjury.
3. Licensees hereunder must maintain such records as the Secretary of State by rule determines and in addition, the secretary may prescribe by rule that further records be kept by certain classes of licensees.

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

 

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