NY Gen Bus L § 174 (2021)
2021 New York Laws GBS - General Business Article 11 - Employment Agencies. 174 - Procedure Upon Application; Grant of License.

§  174.  Procedure  upon  application; grant of license.   1. Upon the   receipt of an application for a license, the  commissioner  shall  cause   the  name  and  address  of  the  applicant,  the  name  under which the   employment agency is to be conducted, and the street and number  of  the   place  where  the  agency  is  to  be  conducted,  to  be  posted on the   commissioner's website, as well as in a conspicuous place in his  public   office.  Such  agency  shall be used exclusively as an employment agency   and  for  no  other  purpose,  except  as  hereinafter   provided.   The   commissioner shall investigate or cause to be investigated the character   and responsibility of the applicant and agency manager and shall examine   or  cause  to be examined the premises designated in such application as   the place in which it is proposed to conduct such agency.The commissioner shall require all applicants for licenses and  agency   managers  to  be  fingerprinted. Such fingerprints shall be submitted to   the division of criminal justice services for a state  criminal  history   record  check,  as  defined in subdivision one of section three thousand   thirty-five of the education law, and may be submitted  to  the  federal   bureau  of  investigation  for a national criminal history record check.   The criminal history information, if any, received by  the  commissioner   shall  be  considered  in  accordance  with  the  provisions  of article   twenty-three-A of  the  correction  law  and  subdivisions  fifteen  and   sixteen  of  section  two  hundred  ninety-six  of  the executive law. A   reasonable  time  before  making  a  determination  on  the  application   pursuant  to  this  subdivision,  the  commissioner  shall  provide  the   applicant with a copy of the applicant's criminal  history  information,   if  any.  Where  such  criminal  history  information  is  provided, the   commissioner shall also provide a copy of article twenty-three-A of  the   correction  law,  and  inform such applicant of his or her right to seek   correction of any  incorrect  information  contained  in  such  criminal   history   information   pursuant   to  the  regulations  and  procedures   established by the division of criminal justice services.2. Any person may file, within one week after such application  is  so   posted,  a  written  protest  against the issuance of such license. Such   protest shall be in writing and signed by the person filing the same  or   his  authorized  agent or attorney, and shall state reasons why the said   license should not be granted. Upon  the  filing  of  such  protest  the   commissioner  shall  appoint  a  time  and place for the hearing of such   application, and shall give at least five days' notice of such time  and   place  to  the  applicant  and  the  person  filing  such  protest.  The   commissioner may administer oaths, subpoena witnesses and take testimony   in respect to the matters contained in such application and protests  or   complaints  of  any  character  for  violation  of this article, and may   receive evidence in the form of affidavits pertaining to  such  matters.   If it shall appear upon such hearing or from the inspection, examination   or  investigation  made by the commissioner that the applicant or agency   manager is not a person of good character or responsibility; or that  he   or  the  agency  manager  has not had at least two years experience as a   placement employee, vocational counsellor or in related  activities,  or   other satisfactory business experience which similarly tend to establish   the  competence  of  such individual to direct and operate the placement   activities of the agency; or that the place where such agency is  to  be   conducted  is  not  a suitable place therefor; or that the applicant has   not complied with the provisions of this article; the  said  application   shall  be  denied  and  a license shall not be granted. Each application   should be granted or refused within thirty days from  the  date  of  its   filing.3. Any license heretofore issued shall run to the first Tuesday of May   next  following  the date thereof and no later, unless sooner revoked by    the commissioner. On and after May first, nineteen hundred  seventy-six,   licenses  shall  run  to  May  first,  nineteen  hundred  seventy-eight;   thereafter to May first of every second year. A separate  license  shall   be required for each branch of any agency.4.  No license shall be granted to a person to conduct the business of   an employment agency in rooms used for living purposes or where boarders   or lodgers are kept or where meals are served or where persons sleep  or   in connection with a building or premises where intoxicating liquors are   sold  to be consumed on the premises, excepting cafes and restaurants in   office buildings. No license shall be granted to a person to conduct the   business of an employment agency where the name of the employment agency   directly  or  indirectly   expresses   or   connotes   any   limitation,   specification  or  discrimination  as  to  race, creed, color, age, sex,   national origin, disability or marital status, and the lack of intent on   the part of the applicant for the license to make any  such  limitation,   specification  or  discrimination  shall  be immaterial, except that any   presently licensed employment agency bearing a name  which  directly  or   indirectly  expresses  or connotes any such limitation, specification or   discrimination may continue to use its present name  and  may  have  its   license  renewed  using its present name, provided that it display under   such name, wherever it appears, a  statement  to  the  effect  that  its   services    are    rendered   without   limitation,   specification   or   discrimination as to race, creed,  color,  age,  sex,  national  origin,   disability or marital status.