N.Y. Comp. Codes R. & Regs. tit. 9 § 6029.7

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

Section 6029.7 - Suspension and revocation of certification

(a) The commissioner may move to suspend or revoke the instructor certification pursuant to this Part at any time. Upon the suspension of the instructor certification, the commissioner shall either:

(1) proceed under the provisions of subdivision (c) of this section to revoke the instructor certification; or

(2) hold the revocation of the instructor certification in abeyance pending the resolution of the concerns raised by the commissioner.

(b) Suspension.

(1) The certification of a security guard instructor may be suspended for causes including, but not be limited to: the 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 the instruction provided by a instructor; the instructor is charged with a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of an approved security guard training school, or, in the discretion of the commissioner, the conduct of the instructor bears on the integrity of the division; the security guard instructor 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 suspension necessary.

(2) The commissioner may, but is not required to, send the instructor, via certified mail, a written notice to cure in response to paragraph (1) of this subdivision. Upon receipt of such notice, the certification of the instructor shall be suspended and such instructor shall not instruct any approved security guard training course or program.

(3) No later than 15 days of the receipt of said notice, the instructor may address the concerns raised. The instructor shall notify the division in writing of the actions taken. If the actions do not satisfactorily address the concerns of the division, the division may proceed with the revocation of the instructor certification.

(4) Where the instructor has been charged with a felony or misdemeanor, the commissioner shall send the instructor, via certified mail, a written notice of suspension pending the disposition of the case. Upon receipt of such notice, the certification of the instructor shall be suspended and such instructor shall not instruct any approved security guard training course or program.

(c) Revocation.

(1) The certification of a security guard instructor may be revoked for causes including, but not be limited to: the 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 the instruction provided by an instructor; the instructor is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of an approved security guard training school, or, in the discretion of the commissioner, the conduct of the instructor bears on the integrity of the division; the security guard instructor 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; an instructor, after receipt of a notice of suspension, continues to conduct security guard training courses; or any other cause for which the commissioner deems the revocation necessary.

(2) The commissioner shall send the instructor, via certified mail, a written notice of his or her intent to revoke the certification and the reasons for such action. Upon receipt of such notice, the certification of the instructor shall be suspended, or will remain suspended, and such instructor shall not instruct any approved security guard training course or program.

(3) Within 15 days of the receipt of said notice, the instructor may forward a written request to the commissioner for a hearing to be held by the council to consider the revocation of the instructor certification. The commissioner shall forward the request to the council. The failure of the individual to timely request a hearing shall not preclude the commissioner from revoking the certification.

(4) Such hearing shall be held at the next meeting of the council. At least 15 days before the next meeting, the council shall give to the instructor written notice by mail of the time and place of said meeting, wherein a hearing shall be held to consider the revocation of the instructor certification. The instructor may be represented at the hearing by counsel and may produce any evidence to support his or her position.

(5) 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 individual 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.

(6) A revocation shall remain in effect for at least one year following the decision, depending upon factors enumerated in sections 6029.3(c) and 6029.5(c) of this Part and other factors, and upon a showing of corrective action.

(d) During an on-site inspection of an approved security guard training school by the commissioner, the commissioner may suspend an instructor certification pending revocation if the violation or misconduct warrants such action.

(1) To invoke the suspension, the commissioner shall provide the instructor with a notice of intent to revoke the instructor certification and the reasons for such action on a form prescribed by the commissioner.

(2) Upon receipt of such notice, the instructor certification shall be suspended and such instructor shall not conduct any approved security guard training course or program.

(3) Within 72 hours of the notification, the commissioner shall proceed under the provisions of paragraphs (c)(2)-(5), inclusive, of this section to revoke the instructor certification.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6029.7

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