2023 New York Laws › GBS - General Business › Article 7 - Private Investigators, Bail Enforcement Agents and Watch, Guard and Patrol Agencies › 81 - Employees.

§  81.  Employees.  1.  The  holder  of any license certificate issued
pursuant to this article may employ to assist him in his work of private
detective or investigator or bail  enforcement  agent  as  described  in
section  seventy-one of this article and in the conduct of such business
as many persons as he may deem necessary, and shall at all times  during
such  employment  be  legally  responsible  for  the good conduct in the
business of each and every person so employed.
No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of  a  felony
or  any  of  the  offenses  specified  in  subdivision  two  of  section
seventy-four of this  article,  and  who  has  not  subsequent  to  such
conviction  received executive pardon therefor removing this disability,
or received a certificate of relief from disabilities or  a  certificate
of  good  conduct pursuant to article twenty-three of the correction law
to  remove  the  disability  under  this  section  because  of  such   a
conviction,  or  any  person  whose  private detective or investigator's
license or bail enforcement agent's license was revoked  or  application
for  such  license  was  denied  by  the  department  of state or by the
authorities of any other state or territory because of conviction of any
of such offenses. Should the holder of an unexpired license  certificate
falsely  state  or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause  for
the   revocation   of  such  license.  Any  person  falsely  stating  or
representing that he is or  has  been  a  detective  or  employed  by  a
detective  agency  or that he is or has been a bail enforcement agent or
employed by a bail enforcement agency shall be guilty of a misdemeanor.
2. No person shall hereafter be employed by any holder  of  a  license
certificate  until  he shall have executed and furnished to such license
certificate holder a verified statement,  to  be  known  as  "employee's
statement," setting forth:
(a) His full name, age and residence address.
(b)  The  business  or  occupation  engaged  in  for  the  three years
immediately preceding the date of the filing of the  statement,  setting
forth  the place or places where such business or occupation was engaged
in, and the name or names of employers, if any.
(c) That he has not been convicted of  a  felony  or  of  any  offense
involving  moral  turpitude  or  of  any of the misdemeanors or offenses
described in subdivision one of this section.
(d) Such further information as the department of state  may  by  rule
require  to  show  the  good character, competency, and integrity of the
person executing the statement.
3. Immediately upon the verification of an employee's  statement,  the
holder of a license certificate by whom such person has been or is to be
employed  shall  cause two sets of fingerprints of the two hands of such
person to be recorded in such manner as the department of state  may  by
rule  prescribe.  The  holder of a license certificate shall immediately
stamp in  indelible  ink  the  employee's  statement  and  each  set  of
fingerprints  with the name, year and license certificate number of such
holder and a number, which number shall be determined by the  number  of
such  statements  furnished  to  such  holder  and shall be in numerical
sequence.
4. The holder of a license certificate shall affix  one  set  of  such
fingerprints  to the employee's statement in such manner that the prints
can be examined  without  disclosing  the  contents  of  the  employee's
statement and shall retain such statement and prints so long as he shall
be licensed under this article by the department of state.
5.  The  holder  of  a license certificate shall file the other set of
fingerprints with the department of state  by  forwarding  the  same  by
registered  mail  to  the  office of the secretary of state, Albany, New
York, within twenty-four hours of such employment.
6.  Within  five  days  after  the  filing  of  such  fingerprints the
secretary of state shall cause such fingerprints  to  be  compared  with
fingerprints  filed  with the division of criminal justice services and,
if he finds any record of any conviction  as  defined  in  the  criminal
procedure  law of a felony or any other offense specified in subdivision
one of this section, he shall immediately  notify  the  holder  of  such
license   certificate   and   shall   also   refer  the  matter  to  the
attorney-general. The secretary of state may also submit fingerprints to
the federal bureau of investigation  for  a  national  criminal  history
record  check  and may, from time to time, cause such fingerprints to be
checked against the fingerprints filed with  the  division  of  criminal
justice  services  or  of  other  official  fingerprint  files within or
without this state, and if he finds that such person has been  convicted
of  a  felony  or any other offense specified in subdivision one of this
section  he  shall  immediately  notify  the  holder  of  such   license
certificate and shall also refer the matter to the attorney-general. The
secretary  of  state  shall at all times be given access to and may from
time to time examine the  fingerprints  retained  by  the  holder  of  a
license certificate as provided in subdivision four of this section.
7.  If  any  holder of a certificate shall file with the department of
state the fingerprints of a person other than the person so employed, he
shall be subject to a fine not exceeding five thousand dollars  ($5,000)
or to imprisonment not exceeding one year, or both.
8.  The provisions of this section shall not be applicable to security
guards or the employment of security guards by licensees.