N.Y. General Business Law 89-L – Suspension, revocation and reissuance of registration cards
§ 89-l. Suspension, revocation and reissuance of registration cards. 1. Revocations and suspensions. The secretary or any person deputized by the secretary may suspend for a period not to exceed eighteen months or revoke any registration card issued pursuant to this article after a hearing pursuant to this section, except that, where revocation is sought based solely upon the holder having been convicted of a serious offense, the secretary shall provide notice to the holder, at the holder's registration address as maintained by the department, that the holder's registration card will be revoked on a date certain, but not less than thirty-five days after the date of the notice, unless the holder requests an administrative hearing pursuant to this section within said thirty-five day period.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
Terms Used In N.Y. General Business Law 89-L
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: shall mean the department of state. See N.Y. General Business Law 89-F
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Holder: shall mean an individual who has been issued a registration card by the department. See N.Y. General Business Law 89-F
- Registration card: shall mean a photographic identification card issued by the department, including a special armed guard registration card signifying that the individual identified thereon has been authorized by the department to perform security guard functions. See N.Y. General Business Law 89-F
- Secretary: shall mean the secretary of state. See N.Y. General Business Law 89-F
- Security guard: shall mean a person, other than a police officer, employed by a security guard company to principally perform one or more of the following functions within the state:
a. See N.Y. General Business Law 89-F - Security guard company: shall mean any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation or public entity employing one or more security guards or being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the state. See N.Y. General Business Law 89-F
- Serious offense: shall mean any felony involving the offenses enumerated in the closing paragraph of this subdivision; a criminal solicitation of or a conspiracy to commit or an attempt to commit or a criminal facilitation of a felony involving the offenses enumerated in the closing paragraph of this subdivision, which criminal solicitation, conspiracy, attempt or criminal facilitation itself constitutes a felony or any offense in any other jurisdiction which if committed in this state would constitute a felony; any offense in any other jurisdiction which if committed in this state would constitute a felony provided that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to Article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. See N.Y. General Business Law 89-F
2. Causes for revocation or suspension. A registration card issued pursuant to this article may be suspended or revoked for one or more of the following causes:
a. the holder is convicted of a serious offense, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
b. the application contained a material false statement or omission the truth or inclusion of which would have resulted in denial of the application pursuant to section eighty-nine-k of this article;
c. the holder is in violation of any provisions of this article or the rules and regulations promulgated pursuant to this article;
d. employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public.
3. Procedure. The hearing required by subdivision one of this section shall be held pursuant to the state administrative procedure act, provided, however, that where a registration card has been temporarily suspended pursuant to paragraph b of subdivision four of this section, the hearing shall be held within thirty days and the adjudication shall be made within forty-five days following the service of notice of such hearing. If such hearing is adjourned at the request of the holder or by reason of any act or omission by the holder or on the holder's behalf such suspension may be continued for the additional period of such adjournment. Where a holder has been served with notice of hearing which has not been adjourned and such holder without good cause fails to appear at the hearing, such hearing may proceed and an adjudication may be made in the absence of such holder.
4. Temporary suspension of registration cards.
a. Temporary suspension where the holder is charged with a serious offense. Where a holder is charged with a serious offense, such holder's registration card may be suspended (i) by the court pending any prosecution for a serious offense. In order for the court to impose such suspension it must find that the accusatory instrument conforms to the requirements of § 140.40 of the criminal procedure law and there exists reasonable cause to believe that the holder committed the serious offense with which he is charged. At such time, the holder shall be entitled to an opportunity to make a statement regarding the enumerated issues and to present witnesses and other evidence tending to rebut the court's findings. Where the suspension is imposed upon a pending charge of a serious offense which is a class A misdemeanor and the holder has requested a hearing pursuant to Article one hundred seventy of the criminal procedure law, or where the suspension is imposed upon a pending charge of a serious offense which is a felony and the holder has requested a hearing pursuant to Article one hundred eighty of the criminal procedure law, the court shall conduct such hearing. If upon completion of such hearing, the court fails to find that there is reasonable cause to believe that the holder committed a serious offense, or if the charges are dismissed or the holder is acquitted of such charges or the conviction is reversed on appeal, the court shall promptly notify the secretary and direct restoration of such registration card unless such registration card is suspended or revoked pursuant to any other provision of this section. If a holder is convicted of a serious offense, the court shall promptly notify the secretary and the suspension shall remain in effect pending a hearing held pursuant to subdivision three of this section; or (ii) by an officer designated by the secretary pursuant to the state administrative procedure act to preside over a hearing, on application by the secretary on notice to the holder, where such officer finds that such holder has been charged with a serious offense and reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged.
b. Temporary suspension pending hearing and adjudication. Pending the hearing and adjudication on suspension or revocation of a registration card, the officer designated to preside over the hearing may, on application of the secretary with notice to the holder, suspend such registration card where (i) the holder has been convicted of a serious offense, (ii) the holder has been charged with a serious offense and such officer finds that reasonable cause exists to believe that the holder committed the serious offense with which the holder is charged, or (iii) such officer finds that reasonable cause exists to believe that the employment of the holder as a security guard constitutes a danger to the health, safety or well-being of the public.
5. No registration card may be suspended pursuant to this section based upon the fact that a holder is charged with or convicted of one or more serious offenses, or of a misdemeanor in the state which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment unless:
a. there is a direct relationship between one or more such serious offenses and the registration card or employment of the holder as a security guard; or
b. the possession of a registration card by the holder or the employment of the holder as a security guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
6. Fines. Where it is determined after hearing that the holder has violated one or more provisions of this article pursuant to paragraph c of subdivision two of this section, the secretary may, in lieu of revocation or suspension of the registration card of such holder, impose a fine not to exceed one thousand dollars for each violation payable to the department.
7. Surrender of suspended or revoked registration card. a. When the court suspends a registration card pursuant to subparagraph (i) of paragraph a of subdivision four of this section, the holder shall forthwith surrender the registration card to the court and the court shall promptly send the registration card to the secretary.
b. Upon suspension or revocation of the registration card by the secretary or by the officer designated by the secretary to preside over the hearing, pursuant to this section, the holder shall, if present at the time of such suspension or revocation, surrender the registration card forthwith. If the holder is not present at the time of such suspension or revocation, the secretary shall send notice of such suspension or revocation to the holder at the address indicated on the registration card or such other last known address, by personal service or by certified mail return receipt requested, in which case the holder shall within five days following receipt of such notice surrender the registration card by delivering same in person or by certified mail to a location designated by the secretary. Notice of suspension or revocation shall be given by the secretary to the security guard company by which the holder was employed at the time of such suspension or revocation.
8. Reissuance of registration card. A suspended or revoked registration card may be reissued only by the secretary or by a person deputized by the secretary. Except as otherwise provided in this section, where a registration card has been revoked, it may not be reissued for at least one year following revocation.