N.Y. Comp. Codes R. & Regs. tit. 9 § 6027.14

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6027.14 - Waiver standards and qualifications; proprietary guards

(a) The commissioner shall waive the training requirements as set forth in this Part, or any portion thereof, for individuals whose employment by a security guard company is on a proprietary basis for its own use, when in his or her opinion, the security guard company provides adequate documentation demonstrating that the training courses as set forth in this Part are not directly relevant to the individual's job responsibilities and:

(1) the individual, in the course of his or her employment, wears a uniform or other readily apparent indicia of authority, but does not have interactions with the public or expend a majority of time spent in their employment duties in contact with the public; or

(2) the individual, as a requisite of employment, carries a firearm as specified in the Penal Law, but does not have interactions with the public or expend a majority of time spent in their employment duties in contact with the public; or

(3) the individual, in the course of his or her employment, wears a uniform or other readily apparent indicia of authority, and also, as a requisite of employment, carries a firearm as specified in the Penal Law but does not have interactions with the public or expend a majority of time spent in their employment duties in contact with the public; or

(4) the individual has interactions with the public or expends a majority of time spent in his or her employment duties in contact with the public but does not, in the course of his or her employment, wear a uniform or other readily apparent indicia of authority, or as a requisite of employment, carry a firearm as specified in the Penal Law; or

(5) the individual does not, in the course of his or her employment, wear a uniform or other readily apparent indicia of authority, does not, as a requisite of employment, carry a firearm as specified in the Penal Law, and does not have interactions with the public or expend a majority of time spent in their employment duties in contact with the public.

(b) For the purposes of this section, the public shall mean those individuals who are not employed by such company. Furthermore, a majority of the time shall mean more than 50 percent of the individual's regularly scheduled work hours.

(c) Upon waiver of any or all portions of the training requirements, the commissioner shall forward written documentation to such individual or entity advising of such waiver.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6027.14