2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 841-C - Functions, Powers and Duties of the Commissioner With Respect to the Council.

§ 841-c. Functions, powers and duties of the commissioner with respect
to  the  council.  In  addition  to  the  functions,  powers  and duties
otherwise provided by this section and article seven-A  of  the  general
business  law,  the commissioner shall, upon the recommendation and with
the general advice of the council:
1.  prescribe  minimum   requirements   for   the   eight   hours   of
pre-assignment training; the on-the-job training program to be completed
within ninety working days following employment as a security guard; the
forty-seven  hours  of  firearms  training  for  a  special  armed guard
registration card; the eight hour annual in-service training course; and
the eight hour in-service training course for armed security guards;
2. approve and certify security guard training schools,  programs  and
courses  which  meet  or  exceed  the  minimum  requirements  prescribed
pursuant to subdivision one of this section and  issue  certificates  of
approval  to  such  schools,  and  revoke  such  approval or certificate
provided, however, that the commissioner may  permit  any  such  school,
program or course in existence on the effective date of this section, to
remain in effect for a period of one year following the effective date;
3.  certify,  as  qualified,  instructors of security guards and issue
appropriate certificates to such instructors;
4. certify security  guards  or  applicants  who  have  satisfactorily
completed  basic training programs and issue appropriate certificates to
such security guards or applicants;
5. cause studies and surveys to be made relating to the establishment,
operation and approval of security guard training schools  and  training
programs;
6.  consult  with  and cooperate with approved security guard training
schools and programs for the development of advanced in-service training
programs for security  guards  and  issue  appropriate  certificates  to
security  guards,  attesting  to  their  satisfactory completion of such
advanced training programs;
7.  consult  with  and  cooperate  with  universities,  colleges   and
institutes  in  the  state for the development of specialized courses of
study for security guards;
8. consult with and cooperate with other departments and  agencies  of
the state concerned with security guard training;
9.  consult  with,  cooperate with and provide technical assistance to
the council and  to  the  department  of  state  on  matters  concerning
security guards;
10.  report  to the council at each regular meeting of the council and
at other such times as may be appropriate;
11. waive the training requirements as specified in article seven-A of
the general business law  with  respect  to  applicants  employed  by  a
security  guard  company,  if  the  security  guard  applicant  provides
appropriate documentation to demonstrate  that  he  or  she  was  or  is
subject  to  training requirements which meet or exceed the requirements
established pursuant to such article;
12. waive the training requirements as specified in article seven-A of
the general business law  with  respect  to  applicants  employed  by  a
security  guard company on a proprietary basis for its own use when such
company presents  adequate  documentation  that  such  training  is  not
directly  relevant  to  the  applicant's  job  responsibilities and such
applicant does not, in the course of their employment duties:
(a) wear a uniform or other readily apparent indicia of authority; or
(b) as a requisite of employment, carry a gun, and
(c) have interactions with the public or expend a majority of the time
spent in their employment duties in contract with the public; and
13. in consultation with the council, adopt and promulgate  any  rules
and  regulations  necessary  to implement the provisions of this section
and sections eight hundred forty-one-a and eight hundred forty-one-b  of
this article and or article seven-A of the general business law.