2013 New York Consolidated Laws
GBS - General Business
Article 7 - (70 - 89-A) PRIVATE INVESTIGATORS, BAIL ENFORCEMENT AGENTS AND WATCH, GUARD AND PATROL AGENCIES
81 - Employees.

 
    §  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
  section  seventy-one of this article 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  two  of  section
  seventy-four of this  article,  and  who  has  not  subsequent  to  such
  conviction  received executive pardon therefor removing this disability,
  or received a certificate of relief from disabilities or  a  certificate
  of  good  conduct pursuant to article twenty-three of the correction 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  license or bail enforcement agent's license was revoked  or  application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 twenty-four 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 submit fingerprints to
  the  federal  bureau  of  investigation  for a national criminal history
  record check and may, 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 five thousand dollars ($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.