NY Gen Bus L § 89-VVV (2021)
2021 New York Laws GBS - General Business Article 8-C - Training and Registration of Armored Car Guards 89-VVV - Conditional Letter of Authority; Issuance of Registration Card; Suspension or Revocation; Renewal.

§  89-vvv.  Conditional  letter of authority; issuance of registration   card; suspension or revocation; renewal. 1. Upon review of the completed   application required by section  eighty-nine-rrr  of  this  article  and   after   the   applicant   has   met   the   qualifications   of  section   eighty-nine-qqq  of  this  article,  the  department   shall   issue   a   conditional  letter of authority, in a form prescribed by the secretary,   to such applicant  within  five  business  days  after  receipt  of  the   completed application.  Any such applicant may be employed by an armored   car  carrier,  pending  his  or  her satisfaction of the requirements of   section eighty-nine-sss of this  article  not  later  than  one  hundred   eighty days after the date of submission of the completed application.2.  Upon  review  of  the  completed  application  required by section   eighty-nine-rrr of this article and after  the  applicant  has  met  the   qualifications  of section eighty-nine-qqq of this article and satisfied   the  requirements  of  section  eighty-nine-sss  of  this  article,  the   department  shall issue a registration card, in a form prescribed by the   secretary, which  shall  include  the  guard's  name,  photograph,  card   number,  expiration date, and any other information the department deems   necessary.  The  department  shall  issue  or  deny  issuance  of   such   registration  card  within  ninety  days  after  receipt  of a completed   application therefor. Denial of a registration card hereunder  shall  be   reviewable  by  an  administrative  hearing as set forth in subdivisions   two, three, four, five and six of section seventy-nine of this chapter.3. The secretary may suspend, for a  period  not  to  exceed  eighteen   months,  revoke, or refuse to reissue, as the case may be, a conditional   letter of  authority  or  registration  card  issued  pursuant  to  this   section, after a hearing pursuant to subdivisions two, three, four, five   and  six of section seventy-nine of this chapter, for one or more of the   following causes:a. the holder is convicted of  a  serious  offense  or  a  misdemeanor   which,  in the discretion of the secretary, bears such a relationship to   the performance of the duties of an armored car guard, as to  constitute   a bar to employment;b. the holder has practiced fraud, deceit or misrepresentation;c. the holder is in violation of any provisions of this article or the   rules and regulations promulgated hereunder; ord.  the  possession of a license as an armored car guard would involve   an unreasonable risk to property or to the safety or welfare of specific   individuals or the general public.4. Pending the hearing and adjudication on suspension or revocation of   a conditional letter of authority or registration card pursuant  to  the   provisions of subdivision three of this section, such conditional letter   of  authority  or  registration  card  may  be temporarily suspended, in   accordance  with  the  provisions  of  subdivision   four   of   section   eighty-nine-l  of  this chapter, provided that such subdivision shall be   read in such a manner as to apply to armored car carriers or armored car   guards  as  the  context  requires.    The  secretary  shall  revoke   a   conditional  letter  of  authority  or  registration  card issued to any   holder  pursuant  to  this  section,  after  a   hearing   pursuant   to   subdivisions  two,  three, four, five and six of section seventy-nine of   this chapter, upon proof that, on or after the date such holder  applied   for  such  conditional  letter  of  authority  or registration card, the   holder was convicted of one or more serious offenses.5. No conditional letter of authority  or  registration  card  may  be   suspended  or  temporarily suspended pursuant to this section based upon   the fact that a holder is charged with one or more serious offenses,  or   charged  with  or convicted of a misdemeanor which, in the discretion of   the secretary, bears such a  relationship  to  the  performance  of  the    duties  of  an  armored  car guard, as to constitute a bar to employment   unless:a.  there  is  a  direct relationship between one or more such serious   offenses and the conditional letter, registration card or employment  of   the holder as an armored car guard; orb.  the possession of a conditional letter or registration card by the   holder or the employment of the holder as an  armored  car  guard  would   involve  an unreasonable risk to property or to the safety or welfare of   specific individuals or the general public.6. The secretary, or  the  officer  designated  by  the  secretary  to   preside  over the hearing pursuant to this section, shall forthwith give   written  notice  of  the  suspension,  revocation  or  nonrenewal  of  a   conditional  letter of authority or registration card, to the holder and   the armored car carrier by which the holder was employed at the time  of   such  suspension,  revocation  or  nonrenewal.    Any  such order may be   reviewed in the manner provided by article seventy-eight  of  the  civil   practice law and rules.7.  A  registration  card  issued  pursuant to subdivision two of this   section shall be  reissued  biennially  by  the  secretary  upon  timely   application therefor and submission of a renewal processing fee of fifty   dollars.