N.Y. Comp. Codes R. & Regs. tit. 9 § 6028.5

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

Section 6028.5 - Term and renewal of security guard training school approval

(a) The security guard training school approval shall be valid only in the possession of the school to which it is issued for a period of two years from the date of approval, unless revoked by the commissioner pursuant to section 6028.4 of this Part prior to its expiration.

(b) Owners of existing approved security guard training schools seeking renewal of approval must submit at least 120 days prior to the expiration date of the school approval a completed security guard training school renewal application form prescribed by the commissioner. Each school owner applicant applying for renewal of approval shall submit a school renewal application fee as determined by the schedule of fees prescribed by the commissioner in section 6028.8 of this Part.

(c) A security guard training school approval which was not renewed or which expired may be reissued only in a manner prescribed by the commissioner.

(d) The council or the commissioner may visit any security guard training school for which application for such renewal has been made.

(e) The approval of a security guard training school may not be renewed for causes including, but not be limited to: violation of any of the provisions of article 7-A of the General Business Law, and/or applicable rules and regulations as set forth in this Part; the commissioner determines that there are defects in business practices; the security guard training school owner, school director, and/or school co-director is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in the behalf of the school, or, in the discretion of the commissioner, bears on the integrity of the division; the security guard school application contained a material false statement or omission, the truth or inclusion of which would have resulted in denial of the application pursuant to this Part; or any other cause for which the commissioner deems the denial of renewal necessary. Where the security guard training school owner, director, and/or co-director has been charged with a felony or misdemeanor, the act of the commissioner to grant or deny renewal shall be suspended pending the disposition of the case.

(f) The commissioner shall send the security guard training school owner, via certified mail, written notice of his or her intent to deny the renewal of such security guard training school approval and the reasons for such action.

(g) Within 15 days of the receipt of said notice, the security guard training school owner may forward a written request to the commissioner for a hearing to be held by the council to consider the denial of the security guard training school approval. The commissioner shall forward the request to the council. The failure of the security guard training school owner to timely request a hearing shall not preclude the commissioner from denying the renewal of the approval.

(h) Such hearing shall be held at the next meeting of the council. At least 15 days before the next council meeting, the commissioner shall give to the school owner written notice by mail of the time and place of said meeting wherein a hearing shall be held to consider the denial of the security guard training school approval. The security guard training school may be represented at the hearing by counsel and may produce any evidence to support its position.

(i) The hearing shall be conducted in accordance with the provisions of the State Administrative Procedure Act. Following deliberation, and in accordance with the open meetings law established by article 7 of the Public Officers Law, the council shall submit its recommendation to the commissioner. Following receipt of the council's recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the school owner the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council's recommendation. The commissioner, and not the council, shall be responsible for setting any penalty.

(j) A denial shall remain in effect for at least one year following the decision, depending upon factors enumerated in section 6028.3(e) of this Part and other factors, and upon a showing of corrective action.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6028.5

Adopted, New York State Register February 5, 2014/Volume XXXVI, Issue 5, eff. 2/5/2014