New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter I - Law Enforcement Services › Subchapter A - Municipal Police Training Council › Article 2 - Municipal Police Training Program › Part 6029 - Security Guard Instructor Standards And Qualifications › Section 6029.6 - Term and renewal of certifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An instructor certification granted by
						the commissioner in accordance with this Part shall be valid only in the
						possession of the instructor to which it is issued for a term of five years
						from the date of issuance, unless revoked by the commissioner pursuant to
						section
						6029.7 
						of this Part prior to its expiration.
(b) An instructor certification granted by
						the commissioner in accordance with this Part may be renewed if the instructor
						continues to meet criteria established by the commissioner. The council or the
						commissioner may visit any security guard training school and conduct an
						evaluation of the instructor applicant.
(c) The certified instructor must submit no
						more than 60 nor less than 30 days prior to the expiration date of the
						instructor certification a completed security guard instructor renewal
						application form prescribed by the commissioner for instructor of security
						guard courses and an application fee as determined by the schedule of fees
						prescribed by the commissioner in section
						6029.9  of this
						Part.
(d) An instructor
						certification which was not renewed or which expired may be reissued only in a
						manner prescribed by the commissioner.
(e) The certification of a security guard
						instructor may not be renewed for causes including, but not be limited to: the
						violation of any of the provisions of article 7-A of the General Business Law,
						and/or applicable rules and regulations as set forth in this Part; the
						commissioner determines that there are defects in the instruction provided by a
						certified instructor ; the instructor is convicted of a felony or misdemeanor
						and the conduct constituting the offense was performed in the name of or in
						behalf of an approved security guard training school; or in the discretion of
						the commissioner, conduct of the instructor bears on the integrity of the
						division; the security guard instructor application contained a material false
						statement or omission, the truth or inclusion of which would have resulted in
						denial of the application pursuant to this Part; or any other cause for which
						the commissioner deems the denial of renewal necessary. Where the instructor
						has been charged with a felony or misdemeanor, the act of the commissioner to
						grant or deny renewal shall be suspended pending the disposition of the
						case.
(f) The commissioner shall
						send the instructor, via certified mail, a written notice of his or her intent
						to deny the renewal of the certification and the reasons for such
						action.
(g) Within 15 days of the
						receipt of said notice, the instructor may forward a written request to the
						commissioner for a hearing to be held by the council to consider the denial of
						the instructor certification. The commissioner shall forward the request to the
						council. The failure of the individual to timely request a hearing shall not
						preclude the commissioner from denying the renewal of the
						certification.
(h) Such hearing
						shall be held at the next meeting of the council. At least 15 days before the
						next meeting, the council shall give to the instructor written notice of the
						time and place of said meeting, wherein a hearing shall be held to consider the
						denial of the instructor certification. The instructor may be represented at
						the hearing by counsel and may produce any evidence to support his or her
						position.
(i) The hearing shall be
						conducted in accordance with the provisions of the State Administrative
						Procedure Act. Following deliberation, and in accordance with the open meetings
						law established by article 7 of the Public Officers Law, the council shall
						submit its recommendation to the commissioner. Following receipt of the
						council's recommendation, and within 90 days of the date of the hearing, the
						commissioner shall forward to the individual the decision and the reasons given
						for such decision. The commissioner makes the final decision, notwithstanding
						the council's recommendation. The commissioner, and not the council, shall be
						responsible for setting any penalty.
(j) A denial shall remain in effect for at
						least one year following the decision, depending upon factors enumerated in
						sections
						6029.3(c)
						 and
						6029.5(c) 
						of this Part and other factors, and upon a showing of corrective
						action.