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This entry was published on 2014-09-22
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SECTION 89-L
Suspension, revocation and reissuance of registration cards
General Business (GBS) CHAPTER 20, ARTICLE 7-A
§ 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.