2006 New York Code - Suspension, Revocation And Reissuance Of Registration Cards.

 
    §  89-l.  Suspension, revocation and reissuance of registration cards.
  1. Revocations and suspensions. The secretary or any person deputized by
  the secretary may suspend for a period not to exceed eighteen months  or
  revoke  any  registration  card  issued pursuant to this article after a
  hearing pursuant to this  section,  except  that,  where  revocation  is
  sought  based  solely upon the holder having been convicted of a serious
  offense, the secretary shall  provide  notice  to  the  holder,  at  the
  holder's  registration address as maintained by the department, that the
  holder's registration card will be revoked on a date  certain,  but  not
  less  than  thirty-five  days  after  the date of the notice, unless the
  holder requests an  administrative  hearing  pursuant  to  this  section
  within said thirty-five day period.
    2.  Causes  for  revocation  or suspension. A registration card issued
  pursuant to this article may be suspended or revoked for one or more  of
  the following causes:
    a.  the  holder is convicted of a serious offense, or of a misdemeanor
  in the state which, in the discretion of the  secretary,  bears  such  a
  relationship to the performance of the duties of a security guard, as to
  constitute a bar to employment;
    b.  the  application  contained a material false statement or omission
  the truth or inclusion of which would have resulted  in  denial  of  the
  application pursuant to section eighty-nine-k of this article;
    c. the holder is in violation of any provisions of this article or the
  rules and regulations promulgated pursuant to this article;
    d.  employment  of the holder as a security guard constitutes a danger
  to the health, safety or well-being of the public.
    3. Procedure. The hearing required by subdivision one of this  section
  shall  be  held  pursuant  to  the  state  administrative procedure act,
  provided, however, that where a registration card has  been  temporarily
  suspended  pursuant  to paragraph b of subdivision four of this section,
  the hearing shall be held within thirty days and the adjudication  shall
  be  made  within forty-five days following the service of notice of such
  hearing. If such hearing is adjourned at the request of the holder or by
  reason of any act or omission by the holder or on  the  holder's  behalf
  such  suspension  may  be  continued  for  the additional period of such
  adjournment. Where a holder has been served with notice of hearing which
  has not been adjourned and such  holder  without  good  cause  fails  to
  appear  at the hearing, such hearing may proceed and an adjudication may
  be made in the absence of such holder.
    4. Temporary suspension of registration cards.
    a. Temporary suspension where the holder is  charged  with  a  serious
  offense. Where a holder is charged with a serious offense, such holder's
  registration  card  may  be  suspended  (i)  by  the  court  pending any
  prosecution for a serious offense. In order for the court to impose such
  suspension it must find that the accusatory instrument conforms  to  the
  requirements  of  section 140.40 of the criminal procedure law and there
  exists reasonable cause to believe that the holder committed the serious
  offense with which he is charged. At such  time,  the  holder  shall  be
  entitled  to an opportunity to make a statement regarding the enumerated
  issues and to present witnesses and other evidence tending to rebut  the
  court's  findings. Where the suspension is imposed upon a pending charge
  of a serious offense which is a class A misdemeanor and the  holder  has
  requested  a  hearing  pursuant  to  article  one hundred seventy of the
  criminal procedure law, or  where  the  suspension  is  imposed  upon  a
  pending charge of a serious offense which is a felony and the holder has
  requested  a  hearing  pursuant  to  article  one  hundred eighty of the
  criminal procedure law, the court shall conduct such  hearing.  If  upon
  completion  of  such  hearing,  the  court  fails  to find that there is
  reasonable cause to believe that the holder committed a serious offense,
  or if the charges are dismissed or  the  holder  is  acquitted  of  such
  charges  or  the  conviction  is  reversed  on  appeal,  the court shall
  promptly   notify   the   secretary   and  direct  restoration  of  such
  registration card unless such registration card is suspended or  revoked
  pursuant  to  any  other  provision  of  this  section.  If  a holder is
  convicted of a serious offense, the  court  shall  promptly  notify  the
  secretary  and  the  suspension shall remain in effect pending a hearing
  held pursuant to subdivision three  of  this  section;  or  (ii)  by  an
  officer designated by the secretary pursuant to the state administrative
  procedure act to preside over a hearing, on application by the secretary
  on  notice  to the holder, where such officer finds that such holder has
  been charged with a serious  offense  and  reasonable  cause  exists  to
  believe  that  the  holder  committed the serious offense with which the
  holder is charged.
    b. Temporary suspension pending hearing and adjudication. Pending  the
  hearing  and  adjudication on suspension or revocation of a registration
  card, the officer  designated  to  preside  over  the  hearing  may,  on
  application  of  the  secretary  with notice to the holder, suspend such
  registration card where (i) the holder has been convicted of  a  serious
  offense,  (ii)  the  holder  has been charged with a serious offense and
  such officer finds that reasonable cause  exists  to  believe  that  the
  holder  committed  the serious offense with which the holder is charged,
  or (iii) such officer finds that reasonable cause exists to believe that
  the employment of the holder as a security guard constitutes a danger to
  the health, safety or well-being of the public.
    5. No registration card may be  suspended  pursuant  to  this  section
  based upon the fact that a holder is charged with or convicted of one or
  more  serious  offenses,  or of a misdemeanor in the state which, in the
  discretion  of  the  secretary,  bears  such  a  relationship   to   the
  performance of the duties of a security guard, as to constitute a bar to
  employment unless:
    a.  there  is  a  direct relationship between one or more such serious
  offenses and the registration card or employment  of  the  holder  as  a
  security guard; or
    b.  the  possession  of  a  registration  card  by  the  holder or the
  employment  of  the  holder  as  a  security  guard  would  involve   an
  unreasonable  risk  to  property or to the safety or welfare of specific
  individuals or the general public.
    6. Fines. Where it is determined after hearing  that  the  holder  has
  violated  one or more provisions of this article pursuant to paragraph c
  of subdivision two of this  section,  the  secretary  may,  in  lieu  of
  revocation or suspension of the registration card of such holder, impose
  a  fine not to exceed one thousand dollars for each violation payable to
  the department.
    7. Surrender of suspended or revoked registration card.  a.  When  the
  court  suspends  a  registration  card  pursuant  to subparagraph (i) of
  paragraph a of subdivision  four  of  this  section,  the  holder  shall
  forthwith  surrender  the  registration  card to the court and the court
  shall promptly send the registration card to the secretary.
    b. Upon suspension or revocation  of  the  registration  card  by  the
  secretary  or by the officer designated by the secretary to preside over
  the hearing, pursuant to this section, the holder shall, if  present  at
  the  time  of  such suspension or revocation, surrender the registration
  card forthwith.   If the holder is not  present  at  the  time  of  such
  suspension  or  revocation,  the  secretary  shall  send  notice of such
  suspension or revocation to the holder at the address indicated  on  the
  registration  card or such other last known address, by personal service
  or by certified mail return receipt requested, in which case the  holder
  shall  within  five  days following receipt of such notice surrender the
  registration card by delivering same in person or by certified mail to a
  location designated by the secretary. Notice of suspension or revocation
  shall  be  given by the secretary to the security guard company by which
  the holder was employed at the time of such suspension or revocation.
    8.  Reissuance  of  registration  card.   A   suspended   or   revoked
  registration  card  may be reissued only by the secretary or by a person
  deputized by  the  secretary.  Except  as  otherwise  provided  in  this
  section,  where  a  registration  card  has  been revoked, it may not be
  reissued for at least one year following revocation.