2023 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.