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This entry was published on 2014-09-22
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SECTION 841-C
Functions, powers and duties of the commissioner with respect to the council
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 841-c. Functions, powers and duties of the commissioner with respect
to the council. In addition to the functions, powers and duties
otherwise provided by this section and article seven-A of the general
business law, the commissioner shall, upon the recommendation and with
the general advice of the council:

1. prescribe minimum requirements for the eight hours of
pre-assignment training; the on-the-job training program to be completed
within ninety working days following employment as a security guard; the
forty-seven hours of firearms training for a special armed guard
registration card; the eight hour annual in-service training course; and
the eight hour in-service training course for armed security guards;

2. approve and certify security guard training schools, programs and
courses which meet or exceed the minimum requirements prescribed
pursuant to subdivision one of this section and issue certificates of
approval to such schools, and revoke such approval or certificate
provided, however, that the commissioner may permit any such school,
program or course in existence on the effective date of this section, to
remain in effect for a period of one year following the effective date;

3. certify, as qualified, instructors of security guards and issue
appropriate certificates to such instructors;

4. certify security guards or applicants who have satisfactorily
completed basic training programs and issue appropriate certificates to
such security guards or applicants;

5. cause studies and surveys to be made relating to the establishment,
operation and approval of security guard training schools and training
programs;

6. consult with and cooperate with approved security guard training
schools and programs for the development of advanced in-service training
programs for security guards and issue appropriate certificates to
security guards, attesting to their satisfactory completion of such
advanced training programs;

7. consult with and cooperate with universities, colleges and
institutes in the state for the development of specialized courses of
study for security guards;

8. consult with and cooperate with other departments and agencies of
the state concerned with security guard training;

9. consult with, cooperate with and provide technical assistance to
the council and to the department of state on matters concerning
security guards;

10. report to the council at each regular meeting of the council and
at other such times as may be appropriate;

11. waive the training requirements as specified in article seven-A of
the general business law with respect to applicants employed by a
security guard company, if the security guard applicant provides
appropriate documentation to demonstrate that he or she was or is
subject to training requirements which meet or exceed the requirements
established pursuant to such article;

12. waive the training requirements as specified in article seven-A of
the general business law with respect to applicants employed by a
security guard company on a proprietary basis for its own use when such
company presents adequate documentation that such training is not
directly relevant to the applicant's job responsibilities and such
applicant does not, in the course of their employment duties:

(a) wear a uniform or other readily apparent indicia of authority; or

(b) as a requisite of employment, carry a gun, and

(c) have interactions with the public or expend a majority of the time
spent in their employment duties in contract with the public; and

13. in consultation with the council, adopt and promulgate any rules
and regulations necessary to implement the provisions of this section
and sections eight hundred forty-one-a and eight hundred forty-one-b of
this article and or article seven-A of the general business law.