NY Gen Bus L § 89-L (2021)
2021 New York Laws GBS - General Business Article 7-A - Security Guard Act 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.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  section 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; orb.  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.