reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.12 - Nondiagnostic testing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to audiometric testing, the hearing
				  aid dispenser shall:
(1) conduct a direct
				  otoscopic observation of the client's ear canals;
(2) inquire and/or make general observations
				  regarding any of the following conditions:
(i) visible congenital or traumatic deformity
				  of the ear;
(ii) history of or
				  presence of active drainage from the ear within the previous 90 days;
(iii) history of sudden or rapidly
				  progressive hearing loss within the previous 90 days;
(iv) acute or chronic dizziness;
(v) unilateral hearing loss of sudden or
				  recent onset within the previous 90 days;
(vi) visible evidence of bleeding,
				  significant cerumen accumulation, or presence of a foreign body in the ear
				  canal;
(vii) pain or discomfort in
				  the ear; and
(3) inquire
				  as to any additional medical conditions, physical considerations or surgical
				  history with reference to the client's hearing and potential hearing aid
				  use.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.13 - Forty-five day guarantee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  registrant may make a guarantee which grants rights to the consumer in addition
				  to those contained in General Business Law, section 798(12).
(b) In a rental of a hearing aid or sale
				  thereof under an installment contact or other non-sale transaction covered
				  under General Business Law, section 789(11), the cancellation fee shall be
				  measured by the charge the registrant would make for a similar hearing aid and
				  accessories sold outright to a customer. The cancellation fee shall be payable
				  out of such sum the customer may have paid on account of the rental or purchase
				  price and any security the customer may have deposited with the registrant. If
				  the amount paid or deposited is insufficient to pay for the cancellation fee
				  the registrant may be entitled to, the customer shall be required to pay the
				  difference due in order to effect cancellation of the agreement. If such
				  payments exceed the amount so due, the registrant shall return the difference
				  to the customer forthwith.
(c) A
				  contract of sale or rental may be utilized as the receipt and contain any
				  guarantee.
(d) The registrant shall
				  deliver to the purchaser a written statement setting forth the amount returned
				  to the purchaser.
(e) A registrant
				  may refuse to accept the return of a hearing aid within the 45-day guarantee
				  period if the wear and tear on the hearing aid exceeds that which is
				  reasonable. A registrant may not refuse to accept the return of a hearing aid
				  for such reason unless the registrant provides a written statement to the
				  customer which shall specifically describe the condition of the hearing aid
				  upon which the registrant bases such refusal. A copy of such statement shall be
				  placed in the customer's file. Within the 45-day guarantee period a registrant
				  may not demand or receive from a customer the payment of any special or
				  additional fee or charge for accepting the return of a hearing aid on the
				  ground that the registrant has the right to refuse to accept the return by
				  reason of unreasonable wear and tear on the instrument.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.14 - Repair and service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  registrant shall accept for repair and other necessary service any hearing aid
				  or accessory thereof, sold or rented by the registrant to the customer, for a
				  period of five years from the date of sale or rental. The repair or service may
				  be made by the registrant or referred by the registrant to the manufacturer or
				  supplier of the hearing aid or accessories or to any other person.
(b) The charge for any necessary repair or
				  service shall be reasonable and no more than that which is provided in any
				  outstanding sale or rental agreement. The registrant shall deliver an itemized
				  receipt showing the repair and service provided and the charge therefor. If the
				  charge for the repair or service shall exceed $50, no work may be performed
				  unless the customer shall have been first advised of the work to be performed,
				  the charge therefor, and shall have approved same.
(c) If the registrant or the manufacturer or
				  other person making the repair shall charge a non- refundable fee for an
				  estimate of the cost of such repair, the customer shall be advised thereof in
				  writing prior to the acceptance of the instrument. The registrant is entitled
				  to retain such fee if the customer determines not to proceed with the repair
				  after receiving the estimate.
(d)
				  In addition to the provision for payment for the specific repair of a damaged
				  or otherwise defective instrument, the registrant may offer to repair such
				  instrument on a flat-rate basis, with at least a 30-day written guarantee that
				  the instrument shall operate properly, except for subsequent damage caused by
				  the customer. If the customer accepts repair on a flat-rate basis, the itemized
				  statement as to the repairs made need not set forth the specific charges
				  therefor.
(e) When a hearing aid is
				  brought in for repair or service, the registrant may supply a suitable loan of
				  an instrument to the consumer for the period the instrument is being repaired
				  or serviced. If such a loaner is available and there is a charge therefor, the
				  customer shall not be required to accept any such loaner as a condition to the
				  repair or service.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.15 - Records to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  registrant shall maintain a file for each customer which shall contain the
				  information listed in General Business Law, section 798(14) and:
(1) a copy of the written
				  guarantee;
(2) a copy of the
				  invoice or other record of purchase by the registrant of the hearing aid and
				  custom ear mold, if any;
(3) copy
				  of any correspondence from and to the customer; and
(4) a copy of the statement given to the
				  customer upon the exercise of the right of cancellation under a 45-day
				  guarantee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.16 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A registrant
				  shall comply with General Business Law, section 798(15).
(b) A registrant shall maintain an
				  advertising file at its principal office.
(c) The advertising file shall contain the
				  materials supporting a claim that a hearing aid, device, part or accessory is a
				  new invention or involves a new mechanical or scientific principle. The filing
				  of any such materials shall not relieve the registrant of any liability under
				  the provisions of any law and this Part, if it is determined such advertising
				  claim is not true. In order to comply with these filing requirements, the
				  registrant may place in the advertising file a written statement signed by the
				  manufacturer of the instrument, part or accessory, setting forth the nature of
				  the claim, the basic principle underlying the claim, and that further detailed
				  material supporting such claim is on file at the manufacturer's listed office
				  and available to the department upon request.
(d) A registrant shall place in its
				  advertising file the original of a testimonial used in advertising hearing aids
				  or accessories. The testimonial must be in writing duly signed and acknowledged
				  by the person and indicate the residence address of the person making
				  same.
(e) A registrant may not
				  advertise the availability of the services of an otolaryngologist or authorized
				  physician or the approval or recommendation of the registrant's services by any
				  otolaryngologist, audiologist or authorized physician. A registrant may not
				  advertise the availability of the services of an audiologist unless such
				  advertisement shall indicate: that the audiologist provides services at the
				  business location of, and as part of the overall service provided by, the
				  registrant; and whether there shall be an extra charge therefor.
(f) A registrant may not publish, promulgate
				  or disseminate, in any communications form, any false or misleading advertising
				  relating to the scope of hearing aid dispensing practices, the credentials of
				  an individual dispenser, or the function, use or reliability of a particular
				  hearing instrument.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.17 - Canvassing

Current through Register Vol. 46, No. 28, July 10, 2024
A registrant shall comply with General Business Law,
					 section 798(16). A bona fide visit by a registrant in the ordinary course of
					 business for the purpose of determining whether a hearing aid sold or rented is
					 properly functioning shall not require the prior request or assent of the
					 customer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter H - Hearing Aid Dispensers › Part 192 - Hearing Aid Dispensers › Section 192.18 - Consumers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Complaints. A
				  consumer may register a complaint with any office of the department in person,
				  in writing or by telephone.
(b)
				  Printed educational information. Printed educational materials should include:
(1) Procedures by which a consumer may file a
				  complaint.
(2) General information
				  about the general use of hearing aids and the advantages and disadvantages of
				  monaural and binaural hearing aid use, including: information of the value of
				  hearing aid use for a prospective purchaser; consumer protection piece - what
				  to be aware of in sales pitches and "hard sell" techniques, such as "giveaways"
				  and sales pitches that minimize the need for medical and audiological exams;
				  basic "how to" use a hearing aid for a new consumer; and information about the
				  advantages of purchasing and using the telecoil switch (t- switch).
(3) General information on assistive
				  listening devices (ALDs), including a basic overview of the types of ALDs
				  currently available and how ALDs may be used with hearing aids.
(4) A statement regarding the availability of
				  support groups for people who are deaf and hard of hearing.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.2 - Need for license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  individual, firm, company partnership or corporation must be licensed:
(1) if it installs, maintains or services
				  alarm systems, including, but not limited to, such items as detectors, control
				  devices and alarm communication systems, conduits and associated wires of alarm
				  systems; or
(2) if it holds itself
				  out to the public as being able to do so. This shall include, but not be
				  limited to, selling alarm systems to consumers when the installation,
				  maintenance or servicing of the alarm system will be subcontracted to or
				  otherwise performed by another;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.3 - Qualifying officers or managers

Current through Register Vol. 46, No. 28, July 10, 2024
An individual (qualifier) may make an application for
					 licensure on behalf of a company, firm, partnership or corporation:
(a) In the case of a company, firm or
				  partnership, such application must be accompanied by evidence that the
				  qualifier is a principal in the company to be licensed. Such individual must
				  meet all applicable licensing requirements.
(b) In the case of a corporation the
				  qualifier may be an officer or employee of the corporation. In addition to
				  meeting all applicable licensing requirements, such individual must direct and
				  control the operation of the corporation. Such direction and control must be
				  real and substantial and take place on a day to day basis.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.4 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
Installation, maintenance and servicing of fire alarm
					 systems shall be done in accordance with prevailing industry
					 standards.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.5 - License must be displayed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  license to engage in the business of installing, servicing or maintaining a
				  security or fire alarm system shall be conspicuously displayed at the principal
				  location. A photocopy of the business license issued to the principal location
				  must be conspicuously displayed at each secondary location of the
				  business.
(b) Licensee shall
				  maintain, at the principal office, a current list of all such secondary
				  locations.
(c) Licensee shall file
				  with the Department of State, by registered or certified mail, the location of
				  such secondary locations, within five business days of their opening.
(d) Licensee shall post the name of the
				  person in charge at each business location.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.6 - Use of trade or corporate name

Current through Register Vol. 46, No. 28, July 10, 2024
No licensee or applicant may use a trade or corporate name
					 which, in the opinion of the Department of State, is so similar to the trade
					 name or corporate name of any licensee that confusion to the public will result
					 therefrom.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.7 - Transitional licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Department of State shall issue a transitional business license for a two-year
				  period to an applicant who has not completed the educational requirement
				  described in section 196.2 or
				  196.8 of this Title.
(b) Nonrenewable transitional licenses will
				  be issued by the Department of State from October 1, 1992 until April 1,
				  1995.
(c) All required education
				  must be concluded by the expiration date of the transitional license and
				  evidence of satisfactory completion must be submitted to the Division of
				  Licensing Services.
(d) Applicants
				  for a transitional license, who do not qualify for the experience exemption,
				  must take and pass the examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.8 - Fingerprinting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Qualifying
				  Licensee(s). Applicants for a business of installing, maintaining or servicing
				  security or fire alarm systems license shall be fingerprinted as prescribed by
				  the Division of Criminal Justice Services.
(b) Any employee who assists with the
				  installation, maintenance or service of security or fire alarm systems must be
				  fingerprinted, and the employer must submit an employee statement of the person
				  hired with a fingerprint receipt provided by the agent designated by the
				  Division of Criminal Justice Services to take fingerprints to the Division of
				  Licensing Services within 24 hours of such employment.
(c) Further requirements.
(1) The employer shall retain a copy of the
				  fingerprint receipt provided by the agent designated by the Division of
				  Criminal Justice Services to take fingerprints and shall attach said copy to
				  the front of the employee statement of the person hired.
(2) Individuals possessing a current security
				  guard registration must complete an employee statement to be retained in the
				  employee's personnel folder.
(3)
				  Fingerprinting procedures for all employees classified as ''security guards''
				  must be performed in accordance with regulations stipulated in General Business
				  Law, article 7-A (Security Guard Law).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.9 - Supervisory responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
A licensee has an affirmative duty to provide supervision
					 to employees and for all business activities. Such supervision shall consist of
					 regular, frequent and consistent personal guidance, instruction, oversight and
					 superintendence by the qualifying license holder with respect to the general
					 business conducted by the firm and all matters relating
					 thereto.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.10 - Business and employee records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each business licensed under this Part shall keep and maintain for a period of
				  three years records of all transactions performed by the business.
(b) A licensee under this Part must keep and
				  maintain records of employees of the firm until each employee has not been in
				  the licensee's employ for a period of at least three full years. Such records
				  shall include employee statement, employee application, employee business and
				  employment I.D. number, length of employment and payroll records.
(c) All records must be retained for longer
				  periods in the event there is any litigation pending concerning such records
				  and/or employee. Litigation shall include investigation or administrative
				  action by the Department of State, initiated by complaint from the general
				  public or by the department.
(d) A
				  business which is licensed to install, maintain or service security or fire
				  alarm systems must maintain employee and business records at a central location
				  within New York State. This is applicable to all company and personnel records
				  pertaining exclusively to the conduct of business in this State.
(e) Each licensee shall prepare and retain a
				  statement of services and charges which has been agreed upon between the
				  licensee and the consumer, a copy of which must be presented to the consumer.
				  The consumer must be presented with a copy of any document signed by the
				  licensee and consumer. Any agreement signed by a representative of the licensee
				  and the consumer for services to be performed must be retained by the licensee
				  in the business records of the firm.
(f) In conjunction with any transaction, each
				  licensee shall identify any and all employees who work on the installation,
				  service, or maintenance of a security or fire alarm system.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.11 - I.D. cards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Identification cards issued by licensee. Each employee of a business which is
				  licensed to install, maintain or service security or fire alarm systems shall
				  be issued a company identification card as described herein.
(1) The form of the identification card shall
				  be as follows:
(i) The identification card
				  shall be approximately 3 3/8'' x 2 1/8 ''.
(ii) On the identification card, the employer
				  shall place a current color photograph of the employee's head and neck. The
				  photograph shall be approximately 1'' x 11/4'' in size. The photograph shall,
				  at all times, be a true likeness of the employee's actual appearance.
(iii) Identification cards shall be
				  constructed of a solid, durable material such as plastic, for example, or be
				  laminated with a clear, durable laminate.
(iv) The following information must appear on
				  one side of the identification card:
(a) The
				  following informational statement: ''Employee of
(Licensee's Business Name)
(Licensee's Area Code and Telephone Number);
(b) the employee's name;
(c) the following statement:
Licensed by the NYS Department of State
(Employment Identification Number)
Call 518-474-4429 for Information; and
(d) the employee's photograph.
(v) Identification cards must have
				  the required information and photograph. However, employers may arrange the
				  information and photograph to suit their own needs or preferences.
(vi) Employers may include additional
				  information on their identification cards.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.12 - Employee and employer responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who is or has been an employee
				  of a holder of a license shall not divulge to anyone other than his employer,
				  except as may be required by law, any information acquired by him/her during
				  such employment in respect to any of the work to which he/she shall have been
				  assigned by such employer.
(b) It
				  is the duty and obligation of an employer of any individual believed to have
				  violated this section to divulge all known facts and circumstances to the
				  Secretary of State or such person in the Department of State who may be
				  designated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.13 - License revocation and suspension

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, firm, company, partnership, corporation or
					 organization licensed under article 6-D of the General Business Law which has
					 its license revoked or suspended by the Department of State shall be ineligible
					 to employ assistants to install, maintain or service security or fire alarm
					 systems for the period of the revocation or suspension.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.14 - Criminal convictions

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant or qualifier convicted of any felony or
					 misdemeanor may be denied licensure or subjected to license revocation and
					 suspension. Departmental discretion shall be exercised pursuant to the
					 standards articulated in article 23-A of the Correction Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.15 - Employee statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  business licensed to install, maintain or service security or fire alarm
				  systems shall obtain a complete employee statement from each employee at the
				  time of hiring.
(b) The employee
				  statement shall be a form prescribed by the Department of State, and shall set
				  forth, whether or not the employee has ever been convicted of an offense (other
				  than a minor motor vehicle offense); and at least the following information:
(1) employee's full name and residence
				  address;
(2) the business or
				  occupation engaged in for the three years immediately preceding the date of the
				  filing of this statement, setting forth the place or places where such business
				  or occupation was engaged in and the name or names of employers, if
				  any;
(3) that he/she has not been
				  convicted of a felony involving fraud, bribery, perjury or theft or any other
				  misdemeanors or offenses indicated in section 69-o (2)  of the General Business
				  Law;
(4) 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.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.16 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
				  For the purposes of this section, the following terms shall have the following
				  meanings.
(1) "Advertising" and
				  "advertisement" shall mean promotion and solicitation related to the licensed
				  activity of installing, servicing, or maintaining security or fire alarm
				  systems, including, but not limited to, advertising via flyers that are in
				  print or electronic formats, including on the internet, advertising via
				  television or radio, and advertising on billboards.
(2) "Licensee" shall mean an individual or
				  business licensed by the New York State Department of State pursuant to Article
				  6-D of the New York General Business Law.
(3) "State" shall mean a state, territory, or
				  possession of the United States, the District of Columbia, or the Commonwealth
				  of Puerto Rico.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.17 - Statement of licensure

Current through Register Vol. 46, No. 28, July 10, 2024
All documents or receipts issued by an individual or
					 business licensed pursuant to this article must contain the identification
					 number issued to such individual or business and the phrase "licensed by the
					 N.Y.S. Department of State."
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.18 - Special licensure requirements under articles 7 and 7-A

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A business
				  licensed pursuant to article 6-D of the General Business Law (licensed
				  business) which employs security guards as that term is defined in General
				  Business Law, article 7-A will be required to be licensed pursuant to Private
				  Investigator, Watch, Guard or Patrol Agency License Law (General Business Law,
				  article 7) and to comply with the security guard registration requirements of
				  the Security Guard Act (General Business Law, article 7-A). An example of such
				  security guard employment is the use of security personnel to respond to an
				  alarm and secure a protected premises.
(b) A licensed business which does not
				  provide security response service to the protected premises or otherwise
				  employs security guards, but which provides response service with technicians
				  only to check or service the alarm system, will not require licensure under
				  article 7 of the General Business Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.19 - Insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All businesses
				  licensed pursuant to this article who employ security guards as that term is
				  defined in General Business Law, article 7-A must maintain insurance as
				  defined: all security guard companies other than public entities which are
				  self-insured shall file with the department a certificate of insurance
				  evidencing comprehensive general liability coverage from an insurance company
				  licensed to do business in this State for death and personal injury, which
				  coverage shall include false arrest or false imprisonment, malicious
				  prosecution, libel, slander, and violation of right of privacy, in the minimum
				  amount of $100,000 per occurrence and $300,000 in the aggregate. The
				  certificate shall provide that the insurance shall not be modified or cancelled
				  unless 30 days prior notice shall be given to the department.
(b) After the effective date of this article,
				  no security guard company shall knowingly have in its employ a security guard
				  unless such coverage is in force and such certificate is filed with the
				  department. Public entities which are self-insured shall file a statement to
				  that effect satisfactory to the secretary in lieu of a certificate of
				  insurance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 195 - Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems › Section 195.20 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
All employees of the security guard company shall be
					 subject to the enforcement provisions contained in article 7 of the General
					 Business Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.1 - Basic course requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Individuals desiring to satisfy the education requirements
					 to become licensed security or fire alarm system installers must satisfactorily
					 complete five courses prescribed by section
					 196.8 of this Part identified as:
					 Module 1, Module 2, Module 3, Module 4 and Module 5. Module 1, Module 2, Module
					 3 and Module 4 will consist of a program of 15 classroom hours. Module 5 will
					 consist of a program of 21 classroom hours.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.2 - Equivalency-prelicensing education

Current through Register Vol. 46, No. 28, July 10, 2024
The criteria for determining acceptance of courses
					 completed prior to January 1, 1993 shall be that the course or courses have
					 substantially covered the same subject matter, classroom hours of attendance
					 and completed standards as prescribed by the regulations as a prerequisite of
					 licensing. Applications for past course evaluation shall be accompanied by an
					 official transcript or other documentation showing the subjects taken and hours
					 of instruction devoted to each subject and the hours attended by said applicant
					 together with the date completed. The department may request additional
					 supportive documentation to determine course equivalency. Equivalency credit
					 will be granted in 15 hour segments for courses deemed by the department as
					 equivalent to Module 1, Module 2, Module 3 and Module 4. Equivalency credit
					 will be granted in 21 hour segments for courses deemed by the department as
					 equivalent to Module 5. If an applicant receives partial credit towards the 81
					 hour education requirement, the applicant may choose any of the five approved
					 modules to complete the requirement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.3 - Course approval

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be credited towards the education requirement,
					 courses completed on or after January 1, 1993 must be approved by the
					 Department of State as to method and content.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.4 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Security or fire alarm system installer course offerings
					 may be presented for department approval: by a school duly licensed pursuant to
					 the Education Law or approved by the Board of Regents as a school qualified to
					 instruct students in the field of security or fire alarm systems; or by an
					 industry sponsored training program. No person or entity applying for course
					 approval may use a trade or corporate name which, in the opinion of the
					 Department of State, may be misleading or cause confusion to members of the
					 public. Each approved entity must provide the Department of State with the
					 identity of an education coordinator who will be responsible for compliance
					 with the regulations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.5 - Correspondence courses for hardship cases

Current through Register Vol. 46, No. 28, July 10, 2024
Correspondence courses containing the same subject matter
					 and requiring substantially the same assignment work can be approved for
					 individuals who by reason of hardship cannot physically attend a classroom
					 setting. A hardship case is defined to include any individual who, by reason of
					 a permanent physical disability, cannot attend the location where classes are
					 conducted. Any individual desiring to complete the required educational courses
					 by means of correspondence courses shall make a request in writing to the
					 Bureau of Educational Standards of the Division of Licensing Services, setting
					 forth the basis of the alleged hardship. The department shall require said
					 request to be supported by statements of doctors and/or other persons having
					 knowledge of the facts.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.6 - Approval of correspondence courses

Current through Register Vol. 46, No. 28, July 10, 2024
Correspondence courses containing the same subject matter
					 and requiring substantially the same assignment work as described in section
					 196.8 of this Part may be
					 presented for prior approval to the Bureau of Educational Standards of the
					 Division of Licensing Services. An organization submitting an application for
					 such consideration will be required to provide a full, concise and acceptable
					 method as to how the final examinations will be conducted and submit the
					 textbooks that will be used in the course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.7 - Request for approval of courses of study

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for consideration for approval to conduct
					 courses of study in the security or fire alarm system installer field to be
					 given to satisfy the requirements for licensure covering the subjects described
					 in section
					 196.8 of this Part shall be made
					 60 days before the proposed course is to be conducted and on a form prescribed
					 by the department which shall include the following:
(a) name and business address of the proposed
				  school which will present the courses;
(b) if applicant is a partnership, the name
				  and home address of each partner;
(c) if applicant is a corporation, the name
				  and home address of every person who owns five percent or more of the shares of
				  the corporation;
(d) the name, home
				  and business address and telephone number of the education coordinator who will
				  be responsible for administering these regulations;
(e) locations where classes will be
				  conducted;
(f) title of each course
				  to be conducted;
(g) detailed
				  outline of each course, together with the time sequence of each
				  segment;
(h) final examination to
				  be presented for each course including the answer key;
(i) description of materials that will be
				  distributed;
(j) the books that
				  will be used for the outline and the final exams; and
(k) all items included on each test form must
				  be consistent with content specifications indicated for each course. Weighing
				  of significant content areas should fall within the hours indicated. All
				  reference sources used to support each correct answer must be included. Linkage
				  to each answer must be indicated with a footnote showing page number and
				  subject matter consistent with outlines.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.9 - Instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
To meet the minimum statutory requirement, attendance shall
					 be computed on the basis of an hour equaling 50 minutes. The instruction
					 periods may be longer than 50 minutes. Course offerings must include a break in
					 instruction of 10 minutes for every hour of instruction. The time of the breaks
					 shall be left to the discretion of the individual education coordinators, but
					 shall not be considered optional, nor may they be used to release the class
					 earlier than scheduled.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.10 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
To satisfactorily complete any course offered for study for
					 the completion of Module 1, Module 2, Module 3 or Module 4, a person must
					 physically attend 12 hours of each 15 hour course offering, exclusive of
					 sessions devoted to examinations. To satisfactorily complete any course offered
					 for study for the completion of Module 5, a person must physically attend 18
					 hours of each 21 hour course offering, exclusive of sessions devoted to
					 examinations. Final examinations may not be presented to any students who have
					 not completed the attendance requirements. Attendance records for all students
					 enrolled in approved courses must be retained for a minimum of two years from
					 the date such courses were completed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.11 - Examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All final
				  examinations shall be written and presented within a reasonable time after the
				  completion of the course work. No examination may be used unless it is approved
				  by the department. If a make up examination is offered, this exam must also be
				  submitted to the Department of State for approval. Examinations for all
				  approved courses must be reflective of the required course outline.
(b) Examinations must be periodically
				  changed.
(c) A mark of 70 percent
				  must be achieved by a student on the final examination in order for a
				  certificate of completion to be issued. Students who fail to achieve a mark of
				  at least 70 percent on the final examination may, at the discretion of the
				  approved entity, be allowed to take another final examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.12 - Certificates of successful completion

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate of successful completion, approved by the
					 department, for the security or fire alarm system installer course of study,
					 approved by the department, shall be issued to a person who completes same when
					 he or she shall have attended the required aggregate number of hours of such
					 course of study, provided such student shall have also received a passing mark
					 in the examinations for all subjects given. The certificate must indicate the
					 name of approved entity, the name of course that has been completed, that the
					 student's attendance record was satisfactory and in conformity with the law,
					 and that such course was completed on a stated date.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.13 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be conducted in such premises and in such
					 facilities as shall be necessary to properly present the course. The sponsor
					 must provide a certificate of occupancy, and fire and health permits for the
					 specific facility to be used and must attest that the facility is in full
					 compliance with the Federal Americans with Disabilities Act.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.14 - Retention of examination papers

Current through Register Vol. 46, No. 28, July 10, 2024
All persons and organizations conducting approved courses
					 of study shall retain examination papers for persons attending for a period of
					 two years after the completion thereof, and such papers shall at all time
					 during such period be available for inspection by duly authorized
					 representatives of the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.15 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved
					 course of study of any subject or in any instruction staff without prior
					 written notice to and approval by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter I - Security and Fire Alarm Systems › Part 196 - Approval Of Security Or Fire Alarm System Installer Courses › Section 196.16 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized designee of the department may audit any
					 course offered, and may verify attendance and inspect the records of attendance
					 of the course at any time during its presentation or
					 thereafter.