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 6028 - Approved Security Guard Training Schools › Section 6028.5 - Term and renewal of security guard training school approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The security
						guard training school approval shall be valid only in the possession of the
						school to which it is issued for a period of two years from the date of
						approval, unless revoked by the commissioner pursuant to section
						6028.4 
						of this Part prior to its expiration.
(b) Owners of existing approved security
						guard training schools seeking renewal of approval must submit at least 120
						days prior to the expiration date of the school approval a completed security
						guard training school renewal application form prescribed by the commissioner.
						Each school owner applicant applying for renewal of approval shall submit a
						school renewal application fee as determined by the schedule of fees prescribed
						by the commissioner in section
						6028.8  of this
						Part.
(c) A security guard training
						school approval which was not renewed or which expired may be reissued only in
						a manner prescribed by the commissioner.
(d) The council or the commissioner may visit
						any security guard training school for which application for such renewal has
						been made.
(e) The approval of a
						security guard training school may not be renewed for causes including, but not
						be limited to: 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 business practices;
						the security guard training school owner, school director, and/or school
						co-director is convicted of a felony or misdemeanor and the conduct
						constituting the offense was performed in the name of or in the behalf of the
						school, or, in the discretion of the commissioner, bears on the integrity of
						the division; the security guard school 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 security
						guard training school owner, director, and/or co-director 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 security
						guard training school owner, via certified mail, written notice of his or her
						intent to deny the renewal of such security guard training school approval and
						the reasons for such action.
(g)
						Within 15 days of the receipt of said notice, the security guard training
						school owner may forward a written request to the commissioner for a hearing to
						be held by the council to consider the denial of the security guard training
						school approval. The commissioner shall forward the request to the council. The
						failure of the security guard training school owner to timely request a hearing
						shall not preclude the commissioner from denying the renewal of the
						approval.
(h) Such hearing shall be
						held at the next meeting of the council. At least 15 days before the next
						council meeting, the commissioner shall give to the school owner written notice
						by mail of the time and place of said meeting wherein a hearing shall be held
						to consider the denial of the security guard training school approval. The
						security guard training school may be represented at the hearing by counsel and
						may produce any evidence to support its 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 school owner 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
						section
						6028.3(e) 
						of this Part and other factors, and upon a showing of corrective
						action.