N.Y. Comp. Codes R. & Regs. tit. 9 § 6028.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6028.6 - Requirements for the administration of an approved security guard training school

(a) No entity shall operate as an approved security guard training school which does not meet the minimum standards as established in this Part.

(b) The security guard training school approval certification shall be displayed in a conspicuous place at all school facilities and training sites.

(c) The school owner, director, and, if applicable, co-director, shall ensure that the approved security guard training school is compliant with applicable laws, rules and regulations, division requirements, and policies and procedures. This includes, but is not limited to the following: ensure that no school personnel behaves in a manner that is in contradiction to any applicable statute, rule, policy or decision issued by the commissioner; ensure that only instructors certified pursuant to the provisions of this Title are allowed to instruct a security guard training course or program at the school; and periodic review of each security guard training course or program to ensure that the course or program is conducted in accordance with applicable standards.

(d) The council or the commissioner may conduct periodic unscheduled inspections of approved security guard training schools to monitor compliance with applicable laws, rules and regulations, division requirements, and policies and procedures. All such schools shall provide upon request of the council or the commissioner any and all records necessary to review compliance with the applicable laws, rules and regulations, division requirements, and policies and procedures.

(e) As provided for in Part 6027 of this Title, the taking and passing of a written examination is required of each individual prior to issuance of a certificate of successful completion for the pre-assignment training course, the on-the-job training course, the 47 hour firearms training course, and the eight hour annual in-service training course for holders of special armed guard registration cards. A certified security guard instructor shall provide the examination material, administer and supervise the examination, and grade the examination. The school owner, director, and, if applicable, co-director, shall retain lesson plans, class rosters, examination papers, student primary and secondary identification and all other appropriate records as determined by the commissioner in accordance with the appropriate schedule for records retention and disposition promulgated by the New York State Commissioner of the Department of Education. Such records shall be available for inspection by the council or the commissioner. Entities not otherwise covered by the Department of Education's schedule for records retention and disposition shall retain such records for a period of not less than two years.

(f) The school owner, director, and if applicable, co-director, shall ensure that each individual student presents acceptable identification prior to attending any section of a security guard training course. Primary identification includes one of the following:

(1) valid driver's license; (2) valid United States passport; (3) current government ID; or (4) current Military ID. Secondary identification includes a social security card plus one of the following:

(1) employer ID;

(2) student photo ID; or

(3) other similar photo ID.

(g) Attendance shall be required of each individual student for all sections of a security guard training course. No student shall be issued a certificate of completion who does not successfully complete a security guard training course.

(h) The school owner, director, and if applicable, co-director, shall ensure that the approved security guard training school and its employees, instructors, agents or other representatives adhere to and engage in proper business practices.

(i) The school owner, director, and, if applicable, co-director shall promptly respond to any and all requests and inquiries made by the division, and promptly investigate any and all complaints by students and prospective students with respect to this Part.

(j) If a school director or co-director ceases to be employed by the approved security guard training school, the school owner shall give written notification of such to the commissioner within 15 days of the director's termination of employment. In addition, the school shall provide written notification to the commissioner of the name of the newly appointed school director or co-director within 15 days of the appointment. The school shall not be allowed to operate as a security guard training school during such period of time when there is no appointed school director, unless the school owner is designated as acting school director.

(k) If an approved security guard training school is also approved by another entity, such school shall file a copy of such approval with the commissioner within seven days of the receipt of such approval. If the security guard training school's approval is suspended or revoked by such other entity, such school shall notify the commissioner in writing within 10 days of such suspension or revocation along with a copy of the reasons for suspension or revocation.

(l) If any other information filed with the commissioner for the application required pursuant to this Part is changed or modified, the approved security guard training school shall notify the commissioner in writing of such change within 15 days of the change.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6028.6

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