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This entry was published on 2014-09-22
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SECTION 89-VVV
Conditional letter of authority; issuance of registration card; suspension or revocation; renewal
General Business (GBS) CHAPTER 20, ARTICLE 8-C
§ 89-vvv. Conditional letter of authority; issuance of registration
card; suspension or revocation; renewal. 1. Upon review of the completed
application required by section eighty-nine-rrr of this article and
after the applicant has met the qualifications of section
eighty-nine-qqq of this article, the department shall issue a
conditional letter of authority, in a form prescribed by the secretary,
to such applicant within five business days after receipt of the
completed application. Any such applicant may be employed by an armored
car carrier, pending his or her satisfaction of the requirements of
section eighty-nine-sss of this article not later than one hundred
eighty days after the date of submission of the completed application.

2. Upon review of the completed application required by section
eighty-nine-rrr of this article and after the applicant has met the
qualifications of section eighty-nine-qqq of this article and satisfied
the requirements of section eighty-nine-sss of this article, the
department shall issue a registration card, in a form prescribed by the
secretary, which shall include the guard's name, photograph, card
number, expiration date, and any other information the department deems
necessary. The department shall issue or deny issuance of such
registration card within ninety days after receipt of a completed
application therefor. Denial of a registration card hereunder shall be
reviewable by an administrative hearing as set forth in subdivisions
two, three, four, five and six of section seventy-nine of this chapter.

3. The secretary may suspend, for a period not to exceed eighteen
months, revoke, or refuse to reissue, as the case may be, a conditional
letter of authority or registration card issued pursuant to this
section, after a hearing pursuant to subdivisions two, three, four, five
and six of section seventy-nine of this chapter, for one or more of the
following causes:

a. the holder is convicted of a serious offense or a misdemeanor
which, in the discretion of the secretary, bears such a relationship to
the performance of the duties of an armored car guard, as to constitute
a bar to employment;

b. the holder has practiced fraud, deceit or misrepresentation;

c. the holder is in violation of any provisions of this article or the
rules and regulations promulgated hereunder; or

d. the possession of a license as an armored car guard would involve
an unreasonable risk to property or to the safety or welfare of specific
individuals or the general public.

4. Pending the hearing and adjudication on suspension or revocation of
a conditional letter of authority or registration card pursuant to the
provisions of subdivision three of this section, such conditional letter
of authority or registration card may be temporarily suspended, in
accordance with the provisions of subdivision four of section
eighty-nine-l of this chapter, provided that such subdivision shall be
read in such a manner as to apply to armored car carriers or armored car
guards as the context requires. The secretary shall revoke a
conditional letter of authority or registration card issued to any
holder pursuant to this section, after a hearing pursuant to
subdivisions two, three, four, five and six of section seventy-nine of
this chapter, upon proof that, on or after the date such holder applied
for such conditional letter of authority or registration card, the
holder was convicted of one or more serious offenses.

5. No conditional letter of authority or registration card may be
suspended or temporarily suspended pursuant to this section based upon
the fact that a holder is charged with one or more serious offenses, or
charged with or convicted of a misdemeanor which, in the discretion of
the secretary, bears such a relationship to the performance of the
duties of an armored car guard, as to constitute a bar to employment
unless:

a. there is a direct relationship between one or more such serious
offenses and the conditional letter, registration card or employment of
the holder as an armored car guard; or

b. the possession of a conditional letter or registration card by the
holder or the employment of the holder as an armored car guard would
involve an unreasonable risk to property or to the safety or welfare of
specific individuals or the general public.

6. The secretary, or the officer designated by the secretary to
preside over the hearing pursuant to this section, shall forthwith give
written notice of the suspension, revocation or nonrenewal of a
conditional letter of authority or registration card, to the holder and
the armored car carrier by which the holder was employed at the time of
such suspension, revocation or nonrenewal. Any such order may be
reviewed in the manner provided by article seventy-eight of the civil
practice law and rules.

7. A registration card issued pursuant to subdivision two of this
section shall be reissued biennially by the secretary upon timely
application therefor and submission of a renewal processing fee of fifty
dollars.