reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.3 - Application for license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application for a license to act as a security officer, a supervisory security
				  officer, or management security officer shall be made under oath on a form
				  approved and furnished by the commission and shall include:
(1) the full name, residence, business
				  address (if any), place and date of birth and social security number of the
				  applicant;
(2) the present and
				  previous occupations of the applicant, including the places where the applicant
				  was employed and the names of the employers;
(3) the citizenship of the applicant and, if
				  the applicant is a naturalized citizen of the United States, the certificate of
				  naturalization, including the court and date of his naturalization;
(4) a photographic license to drive or other
				  photographic identification issued by a Federal, State or county agency, or a
				  valid passport;
(5) if the
				  applicant is a non-citizen of the United States, valid proof from the Federal
				  government of authorization to work in the United States;
(6) two photographs (2" x 2");
(7) a certification from an employer that
				  such employer will sponsor the applicant for employment specifying the
				  capacity, security officer, supervisory security officer or management security
				  officer, in which the applicant is being sponsored for employment;
				  and
(8) such further facts and
				  evidence as the commission may deem appropriate to enable it to ascertain
				  whether the license should be granted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.4 - Duration of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A license to
				  act as a port watchman shall continue indefinitely and need not be renewed,
				  provided that the licensee shall meet the requirements of the Waterfront
				  Commission Act and these rules and regulations for such license, and provided
				  further, that the licensee shall comply with the following every three years:
(1) for all security officers and supervisory
				  security officers:
(i) submit to a medical
				  examination and meet the physical and mental fitness standards in accordance
				  with this Part;
(ii) successfully
				  complete yearly training, as required by section
				  5.10 of this Part; and
(iii) submit supplementary personal history
				  information;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.5 - Medical examination

Current through Register Vol. 46, No. 28, July 10, 2024
Any security officer and supervisory security officer
					 licensee, when the commission requires, and every security officer and
					 supervisory security officer applicant shall submit to a medical examination to
					 be conducted by a licensed physician approved by the commission. Such
					 examination shall include the recording of a complete medical history and any
					 appropriate laboratory procedures which the physician may deem necessary for
					 the purposes of this section. In lieu of such examination, the commission may
					 accept the report of a medical examination conducted by a medical clinic or
					 medical center which has previously been approved by the
					 commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.6 - Physical fitness standards

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a license as a security officer or
					 supervisory security officer shall not be granted and the license or temporary
					 permit of any person required to meet the physical standards pursuant to
					 section 5.4 of this Part shall be
					 cancelled unless the applicant, licensee or holder of a temporary
					 permit:
(a) is not more than 70 years
				  of age;
(b) has:
(1) hearing acuity of 40 decibels or better
				  in both ears at the average of the following frequencies - 500, 1000, 2000 and
				  4000 Hertz; use of a hearing aid is permitted;
(2) vision correctable to 20/40 in both
				  eyes;
(3) blood pressure of no more
				  than 140/90 (at rest);
(4) ability
				  to walk long distances unaided;
(5)
				  ability to stand for prolonged periods of time;
(6) ability to lift a minimum of 45 pounds;
				  and
(7) ability to run short
				  distances;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.7 - Waiver of physical fitness standards

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, in its discretion, upon petition of an
					 applicant for renewal of a license, or upon its own initiative, may grant a
					 waiver of any physical standards required for a license to act as a security
					 officer or supervisory security officer where such petition shows and the
					 commission finds that:
(a) the
				  petitioner's employer joins in the petition, is satisfied with the petitioner's
				  services, and will continue to employ petitioner;
(b) the petitioner is physically capable of
				  satisfactorily performing the duties of a security officer or supervisory
				  security officer; and
(c) the
				  petitioner was employed by said employer for a minimum of 500 hours during the
				  preceding year.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.8 - Exemption from medical examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No holder of a temporary permit or license, who has been previously physically
				  examined by a physician approved by the commission within three years, shall be
				  required to submit to a medical examination pursuant to section
				  5.5 of this Part, unless
				  specifically required to do so by the commission, if he:
(1) has not been granted a waiver from the
				  physical fitness standards prescribed by section
				  5.6 of this Part; and
(2) has not since the time of his prior
				  physical examination been hospitalized or received medical treatment for any
				  condition, illness, disease or deformity as set forth in section
				  5.6 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.9 - Cancellation of license or temporary permits for failure to work

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The license or
				  temporary permit of a port watchman shall be cancelled if said person fails to
				  work at least 200 hours during a 12-month period commencing each October 1st,
				  unless said failure to work resulted from ill health, physical injury, military
				  service or other good cause.
(b) A
				  person whose license or temporary permit is cancelled for failing to meet the
				  work requirements may reapply for a license, provided that at least one year
				  has expired from the date of cancellation of the license or temporary permit.
				  The one-year period may be waived by the commission for good cause
				  shown.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.10 - Training and fitness standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No temporary permit or license shall be issued to a security officer or
				  supervisory security officer unless he shall have satisfactorily completed a
				  course of training for security officers and supervisory security officers
				  given by the commission or under the supervision of the commission. Any course
				  given by employers of security officers or supervisory security officers shall
				  include instruction with respect to protection of cargo, asset protection,
				  human and public relations, report writing, communications, patrols and fixed
				  posts, physical security, crime prevention, fire protection, life safety,
				  criminal law and criminal liability, civil law and civil liability, ethics,
				  professional conduct, investigations, First Aid/C.P.R./AED, hazmat, waterfront
				  security officer rules and regulations, terrorism, law enforcement agencies
				  (F.B.I., State Police, Coast Guard, Customs and Immigrations), Maritime
				  Security Act of 2002, terminal safety and awareness, USMX and/or NYSA
				  orientation and such other topics as may be specified from time to time by the
				  commission, and shall include instruction by commission personnel as the
				  commission shall require.
(b) To
				  maintain the standards of mental fitness prescribed by the commission, every
				  licensed security officer or supervisory security officer, or holder of a
				  temporary permit, once every year shall complete an additional course of
				  training given or approved by the commission.
(c) This section shall not be applicable to
				  management security officers licensed under section
				  5.1(a)(3) of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.11 - Expiration of license at 70

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  licenses or temporary permits to act as a security officer or supervisory
				  security officer shall expire at the end of the calendar year in which the
				  licensee or the holder of the permit reaches 70 years of age, unless a waiver
				  is obtained pursuant to section
				  5.7 of this Part.
(b) This section shall not be applicable to a
				  management security officer licensed under section
				  5.1(a)(3) of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.12 - Licenses and other official identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the approval of the application, the
				  commission will issue a license to the applicant. Licenses of inland security
				  officers, inland supervisory security officers and management security officers
				  will be limited to employment by the sponsoring employer.
(b) A badge will be issued, or replaced, by
				  the commission to each licensee and holder of a temporary permit except a
				  management security officer licensed under section
				  5.1(a)(3) of this
				  Part, upon payment of a $10 deposit. All badges shall be issued by and remain
				  the property of the commission. The badge will be worn by each licensee and
				  holder of a temporary permit on the outer garment on the left chest so as to be
				  clearly visible at all times during his tour of duty. Under special
				  circumstances, upon application to the commission by the employer, the
				  requirement to wear a badge while on duty may be waived.
(c) Any licensee or holder of a temporary
				  permit who, without good cause, does not work as a security officer or
				  supervisory security officer for at least three calendar months shall deposit
				  the badge or temporary badge issued him with the commission for safekeeping. A
				  badge or temporary badge will be reissued to such person upon their return to
				  work as a security officer or supervisory security officer.
(d) The loss of such badge or temporary badge
				  shall be reported by the licensee or holder of a temporary permit to the
				  commission immediately after the loss. Upon proof by affidavit of such loss, a
				  new badge or temporary badge will be issued by the commission.
(e) Each licensee or holder of a temporary
				  permit shall return his license or temporary permit and badge to the commission
				  upon the surrender, suspension, revocation or other termination of such license
				  or permit. Upon such return of the badge, the deposit will be
				  refunded.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.13 - Security officer's and supervisory security officer's uniform

Current through Register Vol. 46, No. 28, July 10, 2024
Every security officer and supervisory security officer
					 shall wear only uniforms approved by the Waterfront Commission as outlined in
					 section 5.19(b)(42) of
					 this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.14 - Information to be furnished by employers

Current through Register Vol. 46, No. 28, July 10, 2024
Each employer of port watchmen or any duly authorized agent
					 for such employer shall upon request furnish the commission with information as
					 to name, waterfront commission number, social security number, seniority
					 classification, time, place, hours and days worked, and the compensation
					 therefor for each port watchman employed by such employer. Each employer shall
					 maintain appropriate books and records to comply with the requirements of this
					 section. Such books and records shall be preserved for a period of five years
					 and be open for inspection by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.15 - Records to be maintained by security officers and supervisory security officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  security officer and supervisory security officer shall keep in a memorandum
				  book an accurate record of each tour of duty. Such book shall be furnished by
				  and remain the property of the commission and shall be returned to the
				  commission when completed or upon the surrender, suspension or termination of
				  the license or temporary permit.
(b) Such memorandum book shall be carried by
				  every security officer and supervisory security officer while on duty. All
				  entries in such memorandum book shall be legible, written in English and in
				  ink.
(c) Before performing each
				  tour of duty, all security officers and supervisory security officers shall
				  enter in their memorandum books their employer, the date, the tour of duty, the
				  pier and their assignment at such pier, and the time of arrival at their post.
				  During the tour they shall enter a full and accurate record of any thefts or
				  attempted thefts of cargo and unusual occurrences during their tour of duty,
				  indicating the time when and to whom reports of these incidents have been made.
				  If there have been no such incidents, the security officer or supervisor
				  security officer shall write "Nothing to report" at the end of the tour of
				  duty. At the end of the tour of duty, the security officer shall also enter the
				  time out and shall sign his full name and license number.
(d) All such books shall be available for
				  inspection by the commission at any time.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.16 - Security officer's and supervisory security officer's log

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall furnish a log for each pier or
					 waterfront terminal which shall remain the property of the commission and be
					 kept in the custody of the security officer or supervisory security officer
					 assigned to the gate who shall be responsible for its safekeeping, or in such
					 other place as may be authorized by the commission. Every security officer or
					 supervisory security officer, upon entering or leaving the pier or terminal,
					 shall enter in such log his signature, license number, time in or time out and
					 such other information as may be required by the commission. All such logs
					 shall be available for inspection by the commission at any time. In lieu of
					 such a log, the commission may, in its discretion, authorize, at any particular
					 pier or waterfront terminal, the use of any mechanical or electrical instrument
					 or device which provides the information required by this section and which
					 shall be deemed the equivalent of a log for the purpose of this section (except
					 that its ownership shall not be in the commission unless such instrument is
					 originally furnished by the commission).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.17 - Gate vehicle books and identification check

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to any books or records
				  required by the commission to be maintained by security officers and
				  supervisory security officers, every security officer or supervisory security
				  officer assigned to a gate or to guard an entrance or exit to any pier or other
				  waterfront terminal shall maintain a "gate vehicle book" or other record to be
				  furnished or approved by the commission, in which shall be recorded, the names
				  of all occupants of a vehicle entering the gate, upon the security officer's or
				  supervisory security officer's viewing of a photo identification of each
				  occupant, and the license plate and gate pass numbers, if any, of all vehicles
				  and trailers entering and leaving; except, with respect to the following class
				  of vehicles, only a photo identification check of the vehicle's occupants is
				  necessary:
(1) motor vehicles owned, leased
				  or operated by the pier or terminal operator or any licensed stevedore
				  performing services on the pier or terminal;
(2) motor vehicles owned, leased or operated
				  by the pier or terminal operator or a licensed stevedore performing services on
				  the pier or terminal, where a specified parking area has been provided for such
				  persons and the employer maintains an identification list of all such motor
				  vehicles or has provided a sticker or other means of identification to be
				  affixed to all such motor vehicles;
(3) motor vehicles on the pier or terminal or
				  aboard vessels, and passengers embarking or disembarking from vessels;
				  or
(4) motor vehicles carrying law
				  enforcement officers or other government officials.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.18 - Reports to be furnished by port watchmen

Current through Register Vol. 46, No. 28, July 10, 2024
Every security officer, supervisory security officer, or
					 management security officer who has the overall supervision of the protection
					 of cargo on a pier or waterfront terminal, shall immediately report to the
					 commission any theft or attempted theft.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.20 - Interfering with the duties of port watchmen

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall, without justification or excuse in law,
					 directly or indirectly, intimidate or inflict any injury, damage, harm, loss or
					 economic reprisal upon any port watchman in the performance or discharge of his
					 duties or obligations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.21 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 5.21
				  through 5.34 of this Part, inclusive, are
				  designed to effectuate the purposes of the Waterfront Commission Act, as
				  amended and supplemented and to prevent the circumvention and evasion thereof.
				  In particular, these sections are designed to improve the conditions under
				  which security officers and supervisory security officers are employed, to
				  eliminate irregularity of employment, and, in accordance with the public
				  policies of the States of New York and New Jersey, and to provide fair and
				  equal employment opportunities by establishing a systematic method of hiring
				  and providing adequate information to port watchmen as to availability of
				  employment opportunities and to waterfront employers as to the available port
				  watchmen within the port.
(b)
				  Sections 5.21 through
				  5.34 of this Part, inclusive, are
				  not designed and should not be construed to be in conflict with the provisions
				  of article XV of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.22 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regular
				  security officers shall mean security officers or supervisory security officers
				  who are entitled to receive first priority of employment by a particular
				  employer.
(b) Extra security
				  officers shall mean security officers or supervisory security officers who are
				  entitled to receive employment by a particular employer after regular available
				  security officers are employed by that employer.
(c) Casual security officers shall mean any
				  regular or extra security officers or supervisory security officers who are not
				  employed by their regular employer on a particular day.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.23 - Employers subject to regulation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person, including carriers of freight by water and
					 stevedores, any parent or subsidiary thereof, or any person who has a contract
					 with such carrier of freight by water or stevedore to provide or to perform
					 services as a guardian or protector of property on any pier or waterfront
					 terminal, is subject to the provisions of sections 5.21 through
					 5.34 of this Part, inclusive,
					 except when employing inland security officers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.24 - Establishment of security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any employer may, in accordance with
				  sections 5.35 through
				  5.41 of this Part, inclusive, file
				  lists of his regular security officers and supervisory security officers and
				  extra security officers and supervisory security officers. Each list shall
				  include the name, license number and seniority classification of each
				  individual listed.
(b) Any name on
				  any regular list shall not appear on any other regular list filed with the
				  commission.
(c) If such lists are
				  accepted by the commission, copies thereof shall be maintained at the
				  appropriate employment information center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.25 - Additions to security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may file on commission forms to add a security
					 officer or supervisory security officer to a regular or extra list or fill a
					 vacancy thereon from employees who are available and qualified, in accordance
					 with sections 5.35 through
					 5.41 of this Part,
					 inclusive.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.26 - Rejection of lists, replacements and additions

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may reject any list, in whole or in part, or
					 any replacement or addition to any list, if it determines that such list or
					 part thereof, or any replacement or addition thereto, was not made in
					 conformance with this Part or in accord with the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.27 - Removal from lists

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may be removed from a list:
(a) at their own request;
(b) at the request of the employer who
				  applied for his listing;
(c) upon
				  the suspension or revocation of his license; or
(d) where the commission determines that he
				  was not listed in conformance with this Part, or that such removal will further
				  the purposes of the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.28 - Corrections and restorations to lists

Current through Register Vol. 46, No. 28, July 10, 2024
Any person eligible for inclusion in any list filed with
					 the commission who was omitted or who was subsequently removed from such list,
					 pursuant to section
					 5.27 of this Part, may be included
					 or restored to such list upon application by the employer if the commission
					 determines that sufficient cause exists for such inclusion or
					 restoration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.29 - Reporting employment opportunities

Current through Register Vol. 46, No. 28, July 10, 2024
Each employer shall each day provide the appropriate
					 employment information center with general information of employment
					 opportunities expected to be available the following work day for casual
					 security officers. Such information shall be maintained in the appropriate
					 employment information center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.30 - Ordering from lists

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may employ security officers and supervisory
					 security officers from his regular and extra security officer lists filed with
					 the commission in accordance with sections 5.35 through
					 5.41 of this Part,
					 inclusive.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.31 - Filing employment reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each employer shall file on Tuesday of each week with the
					 appropriate employment information center, on forms furnished or approved by
					 the commission, an employment report, setting forth for each pier or terminal
					 the names, license numbers and dates and hours of employment of all security
					 officers and supervisory security officers hired during the preceding week
					 ending on 12 midnight on Sunday, and indicating thereon those security
					 officers, hired as casual security officers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.33 - Extension of employment for casual security officers

Current through Register Vol. 46, No. 28, July 10, 2024
The employer may extend the employment of a casual security
					 officer on a day-to-day basis to complete his original assignment on successive
					 days by notifying the appropriate employment information
					 center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Hiring of Security Officers and Supervisory Security Officers › Section 5.34 - Emergency hiring

Current through Register Vol. 46, No. 28, July 10, 2024
When an emergency situation exists which makes it
					 impossible for an employer to comply with the provisions of these regulations
					 for the employment of a casual security officer, such employer may employ the
					 casual security officer without complying with such section, provided he
					 immediately thereafter notifies, in writing, the appropriate employment center
					 of such hiring and states in detail the circumstances requiring such emergency
					 hiring and the name and license number of any casual security officer so
					 employed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.35 - Construction of priorities

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of article XV of the
					 Waterfront Commission Act, the following priorities of employment are designed
					 to be consistent with the priorities established in the seniority article of
					 the collective bargaining agreement between the New York Shipping Association
					 and the Port Police and Guards Union. The listing of these priorities shall not
					 be construed to limit in any way the right of the parties to the collective
					 bargaining agreement to alter, modify, amend or otherwise change such
					 priorities or agree upon any other method for the selection of licensed
					 employees by way of seniority, experience, or otherwise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.36 - Ordering from regular security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
Qualified employees from regular security officer lists
					 shall be selected in accordance with their seniority classification with the
					 employer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.37 - Ordering from extra security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
After all individuals on the regular security officer lists
					 are employed, the company shall employ qualified individuals from the extra
					 security officer list in accordance with their seniority classification with
					 the employer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.38 - Selection of casual security officers

Current through Register Vol. 46, No. 28, July 10, 2024
Qualified casual security officers shall be selected in
					 accordance with their seniority classification in the industry. For purposes of
					 section 5.31 of this Part, if two or more
					 casual security officers have the same seniority, the casual security officer
					 with the lower commission license number will be entitled to priority in
					 hiring.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.39 - Additions to regular security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
Additions to regular security officer lists shall be
					 selected in the following order from:
(a) qualified individuals on the employers'
				  extra security officers list; or
(b) from available qualified individuals on
				  the basis of seniority in the industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.40 - Additions to extra security officer lists

Current through Register Vol. 46, No. 28, July 10, 2024
Additions to extra security officer lists shall be made
					 from among available qualified individuals on the basis of seniority in the
					 industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Priorities › Section 5.41 - Ordering by special agreement

Current through Register Vol. 46, No. 28, July 10, 2024
Where there exists a special agreement concerning the
					 preferential order of hiring of security officers or supervisory security
					 officers, such agreement shall be submitted in writing to the commission by the
					 parties thereto. If the commission determines that such agreement is not
					 inconsistent with the laws of the United States, the laws of the States of New
					 York and New Jersey and the objectives of the Waterfront Commission Act, such
					 preferential order of hiring may be instituted in the appropriate employment
					 information centers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.1 - Opportunity to be heard; institution of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission shall not deny any
				application for a license or registration, nor revoke, cancel or suspend any
				license or registration, without giving the party in interest an opportunity to
				be heard.
(b) Proceedings to
				revoke, cancel or suspend a license or registration may be instituted by the
				commission on its own initiative or on complaint of any person, including any
				public official or agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.2 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of the hearing shall be in writing and shall state
				  the time and place of and the matters to be considered at the hearing, and
				  shall be served at least 10 days prior to the date of the hearing upon the
				  party in interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.3 - Service of notice of hearing, orders and other communications

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of hearing and all other notices, orders and
				  communications from the commission shall be duly served if enclosed in a
				  properly postpaid wrapper, addressed to the person to be notified or
				  communicated with at the address last given by him in writing to the
				  commission, and deposited, as ordinary mail, in a post office, post office box
				  or mail chute maintained by the United States government, or if such notice,
				  order or communication addressed to such person is delivered to such address by
				  telegram or by registered or certified mail or by an employee or agent of the
				  commission. A certificate by an employee or agent of the commission that such
				  notice, order or communication has in the regular course of the business of the
				  commission been duly dispatched or delivered, in a manner authorized by this
				  section, shall be presumptive evidence of proper service. For the purpose of
				  calculating the time of notice, service shall be considered effected upon the
				  date of delivery to such address; provided that, where service is by ordinary
				  mail, service shall be considered effected the third day after the
				  mailing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.4 - Personal appearance; representation by attorney

Current through Register Vol. 46, No. 28, July 10, 2024
Any party in interest who intends to avail himself of the
				  opportunity to be heard, shall personally appear on the date set forth in the
				  notice of hearing or on any adjourned date and shall be prepared to proceed.
				  Any such party may be represented at the hearing by an attorney who is a member
				  in good standing of the Bar of the State of New York or the Bar of the State of
				  New Jersey. Any such attorney shall file a written notice of appearance on a
				  form furnished by the commission. After an attorney has so appeared, all
				  further notices, orders and other communications from the commission may be
				  served upon such attorney and such service shall be deemed to be service upon
				  the party in interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.5 - Hearing officers; assignment of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Where the commissioners themselves do not conduct a hearing,
				  it shall be conducted by a hearing officer to be known as an administrative
				  judge appointed by and directly responsible to the commissioners who shall be
				  an attorney-at-law in either the State of New York or New Jersey. Hearings
				  shall be assigned to a particular administrative judge by the commission or by
				  a designee of the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.6 - Hearings to be public; stenographic records of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise ordered by the commission in the public
				  interest, application and revocation hearings held by the commission shall be
				  open to the public. Stenographic records of hearings shall be made and
				  transcripts thereof may be furnished to any person after the conclusion of the
				  hearing upon payment to the commission of the reproduction costs thereof as
				  established by section
				  1.23(f) of this
				  Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.7 - Application for adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
Any application for an adjournment made on or after the date
				  fixed for hearing shall be made to the administrative judge and shall set forth
				  in detail the grounds therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.8 - Amendment of notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of hearing may be amended upon application by
				  commission staff counsel to the administrative judge at any time prior to the
				  conclusion of the hearing. If such application is granted, the administrative
				  judge may, in his discretion, grant additional time to the party for further
				  preparation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.9 - Conduct of hearing; powers of administrative judge

Current through Register Vol. 46, No. 28, July 10, 2024
The administrative judge shall not be bound by common law or
				  statutory rules of evidence or by technical or formal rules of procedure in the
				  conduct of hearings. He shall have authority to administer oaths, issue
				  subpoenas, rule upon offers of evidence and otherwise so regulate the course of
				  the hearing as to preserve fundamental concepts of fairness and to effectuate
				  the purposes and provisions of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.10 - Opportunity to testify and cross-examine; issuance of subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
A party shall be afforded reasonable opportunity to present
				  testimony under oath or other evidence relevant and material to the subject
				  matter of the hearing and to cross-examine any witnesses who testify at such
				  hearing. At the request of a party, the administrative judge shall issue
				  subpoenas to compel the attendance of witnesses and the giving of testimony or
				  production of other evidence upon behalf of such party, provided such party
				  shall effect his own service.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.11 - Affidavits, sworn statements and interrogatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If at the time of hearing a witness is
				outside the State of New York or New Jersey or is deceased, commission counsel
				or a party may offer as evidence at the hearing an affidavit or sworn statement
				of such witness. Such affidavit or sworn statement shall be admissible into
				evidence as an exhibit, if the statements therein are otherwise competent,
				relevant and material. The administrative judge shall give the exhibit such
				weight as the administrative judge, in his discretion, determines that it
				warrants in the light of all the evidence.
(b) Where it has been determined that a
				witness who is outside the State of New York or New Jersey will voluntarily
				answer interrogatories, commission staff counsel or a party may propound
				interrogatories to be answered by such witness and the other side shall have
				the opportunity to propound cross-interrogatories as prescribed
				herein.
(c) The interrogatories and
				cross-interrogatories shall be settled and forwarded by the administrative
				judge to be answered in writing and subscribed to under oath by such witness.
				Upon application to the commission, the commission may make an order providing
				for the taking of such witness' oral testimony pursuant to the settled
				interrogatories by a person designated by the commission. The expenses of
				taking such testimony shall be borne by the applicant therefor unless the
				commission provides otherwise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.12 - Oral argument; briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Oral argument shall be made only before the administrative
				  judge and shall be included in the record of the hearing. Briefs as to facts or
				  law may be received and may be required to be submitted. The administrative
				  judge may fix the time within which briefs shall be filed. Briefs received
				  subsequent to such time need not be considered.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.13 - Administrative judge's report; exceptions to report

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the conclusion of a hearing the administrative judge
				  shall, by written memorandum to the commission, set forth his findings and
				  recommendations for action by the commission thereon. A copy of such findings
				  and recommendations shall be served on the parties in interest and furnished to
				  commission counsel, and each may submit written exceptions thereto and written
				  argument thereon within 10 days after service of such findings and
				  recommendations. A copy of the exceptions and arguments shall be served upon
				  each of the other parties in interest or commission counsel, as the case may
				  be. Replies to exceptions and argument may be served in like manner within five
				  days after service of such exceptions and arguments. Unless the commission
				  grants an extension of time, exceptions, argument or replies submitted after
				  the prescribed time need not be considered by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.14 - Final determination made by commission

Current through Register Vol. 46, No. 28, July 10, 2024
The record of the hearing, together with the memorandum of
				  the administrative judge and any exceptions or argument duly submitted, shall
				  be transmitted to the commission for final determination and
				  order.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.15 - Petition to reopen hearing

Current through Register Vol. 46, No. 28, July 10, 2024
After the conclusion of a hearing but prior to the making of
				  an order by the commission, a hearing may, upon petition and in the discretion
				  of the administrative judge, be reopened for the presentation of new or
				  additional evidence. Such petition to reopen the hearing shall state in detail
				  the nature of the new or additional evidence, together with the reasons for the
				  failure to submit such evidence prior to the conclusion of the hearing. The
				  commission may upon its own motion and upon reasonable notice reopen a hearing
				  for the presentation of new or additional evidence.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.16 - Commission orders

Current through Register Vol. 46, No. 28, July 10, 2024
All orders of the commission shall be in writing and shall be
				  filed with the secretary of the commission who shall cause certified copies
				  thereof to be served upon the parties.