reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 178 - Nonsolicitation Orders › Section 178.1 - Definition of nonsolicitation order

Current through Register Vol. 46, No. 28, July 10, 2024
A nonsolicitation order is a directive to all real estate
					 brokers and real estate salespersons. The nonsolicitation order directs that
					 all brokers and salespersons must refrain from soliciting listings for the sale
					 of residential property within a designated geographic area. A nonsolicitation
					 order prohibits any and all types of solicitation directed at or toward
					 homeowners in the designated geographic area. The types of solicitation that
					 are prohibited include but are not limited to letters, postcards, telephone
					 calls, door-to-door calls, handbills, and postings in public areas. In
					 addition, a nonsolicitation order may contain such other terms or conditions as
					 the Secretary of State may determine are, on balance, in the best interest of
					 the public, which shall include but not be limited to the affected owners and
					 licensees.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 178 - Nonsolicitation Orders › Section 178.3 - Residential property

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the term residence or
					 residential property shall include any of the following:
(a) a one-family residence;
(b) a two-family residence;
(c) a three-family residence;
(d) a residential cooperative apartment;
				  and
(e) a residential condominium
				  unit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 178 - Nonsolicitation Orders › Section 178.4 - Boundary streets

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, a nonsolicitation area shall
					 include all properties abutting the boundary streets named in the description
					 of the nonsolicitation area. The intent being that the nonsolicitation area
					 shall include properties on both sides of the boundary
					 streets.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 178 - Nonsolicitation Orders › Section 178.5 - Prohibited forms of solicitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within a nonsolicitation area, no real estate broker or real estate salesperson
				  shall engage in any form of solicitation where the purpose of such solicitation
				  is, directly or indirectly, to obtain a listing of residential property for
				  sale and where such solicitation is directed at or toward a homeowner or
				  occupant of residential property within a designated nonsolicitation
				  area.
(b) The following are
				  examples of the types of solicitation that are prohibited:
(1) letters;
(2) postcards;
(3) handbills or leaflets or
				  fliers;
(4) direct advertising
				  delivered by mail or other service;
(5) telephone calls;
(6) door-to-door calls; and
(7) postings in public places.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 179 - Determination Of Real Estate Experience › Section 179.1 - Qualifying experience

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for licensure as a real estate broker must
					 possess two years of full-time experience as a licensed real estate salesperson
					 under the supervision of a licensed real estate broker or the equivalent
					 full-time experience in general real estate business for a period of at least
					 three years.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 179 - Determination Of Real Estate Experience › Section 179.2 - Point system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  applicant will receive credit for such experience according to the point system
				  set forth in section
				  179.3 of this Part.
(b) 3500 points shall equate to two years of
				  full-time experience.
(c) Upon
				  request by the department, either prior to or after licensure, an applicant
				  shall provide documentation or other proof to substantiate any or all of the
				  experience claimed by the applicant. Failure to promptly provide the requested
				  documentation or proof shall be grounds to deny the application, or if the
				  applicant has been licensed, shall be grounds to suspend or revoke such
				  license. Any false claim of experience shall be grounds to deny the
				  application, or if the applicant has been licensed, shall be grounds to suspend
				  or revoke such license.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter D - Real Estate Brokers And Salesmen › Part 179 - Determination Of Real Estate Experience › Section 179.3 - Experience point schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Experience
				  points shall be credited an applicant in accordance with the following
				  schedule:
REAL ESTATE BROKER POINT SYSTEM FOR LICENSED
					 SALESPERSON ACTIVITY ONLY
Category
Point Value
RESIDENTIAL SALES:
1. Single Family, condo, co-op unit, multi-
								  family (2 to 8-unit), farm (with residence, under 100 acres)
250
2. Exclusive listings
10
3. Open listings
1
4. Binders effected
25
5. Co-op unit transaction approved by seller and
								  buyer that fails to win Board of Directors approval
100
RESIDENTIAL RENTALS:
6. Rentals or subleases effected
25
7. Exclusive Listings
5
8. Open Listings
1
9. Property Management
- Lease renewal
2
- Rent collections per tenant/per year
1
COMMERCIAL SALES:
10. Taxpayer/
Storefront
400
11. Office Building
400
12. Apartment Building (9 units or more)
400
13. Shopping Center
400
14. Factory/Industrial warehouse
400
15. Hotel/Motel
400
16. Transient garage/parking lot
400
17. Multi-unit commercial condominium
400
18. Urban commercial development site
400
19. Alternative sale type transaction
400
20. Single-tenant commercial condo
250
21. Listings
10
COMMERCIAL LEASING:
22. New Lease-aggregate rental $1 to
								  $200,000
150
23. New Lease-aggregate rental $200,000 to $1
								  million
250
24. New Lease-aggregate rental over $1
								  million
400
25. Renewal-aggregate renewal $1 to
								  $200,000
75
26. Renewal-aggregate rental $200,000 to $1
								  million
125
27. Renewal-aggregate rental over $1
								  million
200
28. Listings
10
COMMERCIAL FINANCING:
(includes residential properties of more
								  than four units):
29. $1 to $500,000
200
30. $500,000 to $5,000,000
300
31. Over $5,000,000
400
MISCELLANEOUS:
32. Sale vacant lots, land (under 100
								  acres)
50
33. Sale vacant land (more than 100 acres)
150
34. Other must be fully explained. -
TOTAL POINTS NEEDED:
3500
(b)
				  An applicant shall have the burden of establishing to the satisfaction of the
				  department that the applicant actually performed the work associated with the
				  real estate transaction claimed as experience credit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following terms have the
					 following meanings.
(a) "Notary
				  Public" or "Notary" means an individual who meets the qualifications set forth
				  in section 130  of the Executive Law and has been appointed by the secretary of
				  state pursuant to section 131  of the Executive Law to perform notarial acts in
				  accordance with procedures outlined in article 6 of the Executive Law and this
				  Part.
(b) "Electronic notary
				  public" or "electronic notary" means a notary public or notary who has
				  registered with the secretary of state the capability of performing electronic
				  notarial acts in accordance with section 135-c  of the Executive Law and this
				  Part.
(c) "Notarial act" means any
				  official act that a notary public is authorized to perform by law, including,
				  but not limited to:
(1) administering oaths
				  and affirmations;
(2) taking
				  affidavits and depositions;
(3)
				  receiving and certifying acknowledgments or proof of such written instruments
				  as deeds, mortgages, powers of attorney and other instruments in
				  writing;
(4) demanding acceptance
				  or payment of foreign and inland bills of exchange, promissory notes and
				  obligations in writing, and protesting the same for non-acceptance or
				  non-payment, as the case may require;
(5) preparation of a certificate of
				  authenticity in accordance with paragraph (d) of subdivision six of section 135-c  of the Executive Law or
(6)
				  an electronic notarial act.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.3 - Requirements for Notaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  notaries public who wish to perform notarial acts in New York State, must:
(1) satisfy the requirements of sections 130 and 131  of the Executive Law;
(2)
				  obtain satisfactory evidence of the identity of any principal or other
				  individual appearing before the notary in a manner authorized by this
				  Part;
(3) require the personal
				  appearance of all parties to any transaction for which a notarial act is
				  required for the duration of any such transaction, except acts performed as
				  authorized and in conformity with this Part and section 135-c  of Executive Law
				  unless a law expressly excludes such authorization;
(4) administer any oath or affirmation as
				  required by the law governing the transaction for which the notarial act is
				  required and, regardless of the county of qualification, include and affix to
				  each instrument requiring an oath or affirmation such notary public's official
				  number;
(5) disqualify themselves
				  from performing notarial acts for transactions in which the notary is a party
				  or directly and pecuniarily interested in the transaction;
(6) refuse to perform a notarial act when the
				  requirements of this Part are not met, or if the notary is not satisfied that
				  the official record or the presented record evidences the individual's capacity
				  to act as the representative on the record presented for
				  notarization;
(7) maintain records
				  as required by this Part; and
(8)
				  within five days after a change of name, address, or e-mail address, transmit
				  to the secretary of state a notice of the change, signed with the notary
				  public's official signature.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.5 - Satisfactory Evidence of Identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For any
				  individual signing a document who makes a personal appearance before a notary
				  public, including but not limited to any principal seeking a notarial act, and
				  any witness thereto, the notary must obtain satisfactory evidence of the
				  identity of each such individual that complies with the requirements of this
				  Part.
(b) For any individual
				  signing a document who physically appears before a notary public, satisfactory
				  evidence of identity requires identity verification through:
(1) presentation of the back and front of an
				  identification card issued by a governmental agency provided the card:
(i) is valid and current;
(ii) contains the photographic image of the
				  bearer;
(iii) has an accurate
				  physical description of the bearer, if applicable; and
(iv) includes the signature of the
				  bearer;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.6 - Credential Analysis

Current through Register Vol. 46, No. 28, July 10, 2024
Credential analysis must conform to all standards set forth
					 in this section.
(a) Credential
				  analysis must be performed by a third-party service provider who has provided
				  evidence to the online notary public of the provider's ability to satisfy the
				  requirements set forth in this rule.
(b) Credential analysis must utilize public
				  or private data sources to confirm the validity of an identification credential
				  and must, at a minimum:
(1) use automated
				  software processes to aid the online notary public in verifying the identity of
				  a remotely located individual;
(2)
				  ensure that the identification credential passes an authenticity test,
				  consistent with sound commercial practices that:
(i) uses technologies consistent with the
				  requirements of this Part to confirm the integrity of visual, physical, or
				  cryptographic security features;
(ii) uses technologies consistent with the
				  requirements of this Part to confirm that the identification credential is not
				  fraudulent or inappropriately modified;
(iii) uses information held or published by
				  the issuing source or an authoritative source, as available, to confirm the
				  validity of identification credential details; and
(iv) provides output of the authenticity test
				  to the online notary public.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.7 - Identity Proofing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Identity
				  proofing must meet, at minimum, the Identity Assurance Level 2 standard as
				  outlined in the Digital Identity Guidelines of the National Institute of
				  Standards and Technology, as referenced in subdivision (b) of this section, or
				  any industry accepted standard that is at least as secure, or more secure, than
				  that standard.
(b) Incorporation by
				  reference. The Identity Assurance Level 2 standard, as outlined in the Digital
				  Identity Guidelines of the National Institute of Standards and Technology,
				  United States Department of Commerce, document SP 800-63-3, Revision 3, dated
				  June 2017 and includes updates as of 03-02-2020, is hereby incorporated by
				  reference. This publication is available free of charge from:
https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-63-3.pdf
Copies of said publication may be obtained from the
					 publisher at the following address:
National Institute of Standards and Technology
Attn: Applied Cybersecurity Division, Information
					 Technology Laboratory
100 Bureau Drive (Mail Stop 2000) Gaithersburg, MD
					 20899-2000
Email: dig-comments@nist.gov
Copies of said publication are available for public
					 inspection and copying at the Office of the New York State Department of State
					 located at One Commerce Plaza, 99 Washington Avenue, Albany, NY
					 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.8 - Communication Technology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  communication technology used to perform electronic notarial acts must:
(1) permit sufficient audio and visual
				  clarity to enable the notary and the person(s) for whom a notarial act is
				  requested to see and speak to each other simultaneously through live, real-time
				  transmission throughout the duration of the notarial act, through and including
				  identity verification, identity proofing, the signature of any parties present
				  during the transaction and the application of the notary's signature and seal
				  without interruption;
(2) permit
				  sufficient visual clarity to enable the notary to view, read, and capture the
				  front and back of any identification card presented as verification of
				  identity;
(3) include a signal
				  transmission secure from interception through lawful means by anyone other than
				  the parties to the notarial act;
(4) include a process of reproduction that
				  does not permit additions, deletions, or changes without leaving a record of
				  such additions, deletions, or changes;
(5) provide some manner of ensuring that the
				  electronic record that is presented for electronic notarization is the same
				  record electronically signed by the principal; and
(6) permit recording and archiving of the
				  audio-video communication session as required by subdivision (b) of this
				  section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.9 - Recordkeeping and Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition
				  to any required video and audio conference recording, all notaries public must
				  maintain records sufficient to document compliance with the requirements of
				  sections 130 and 135-c  of the Executive Law and the duties and responsibilities
				  of a notary public and/or electronic notary public as outlined in this Part.
				  Record storage may be made through a third party if safeguarded through a
				  password or other secure means of authentication or access. Such records shall
				  be made contemporaneously with the performance of the notarial act and must
				  include:
(1) the date, approximate time, and
				  type of notarial acts performed;
(2) the name and address of any individuals
				  for whom a notarial act was performed;
(3) the number and type of notarial services
				  provided;
(4) the type of
				  credential used to identify the principal, including, for verification made in
				  accordance with paragraphs (4) or (5) of subdivision (b) of section
				  182.5, the names of the witnesses
				  and, if applicable, the type of credential used;
(5) the verification procedures used for any
				  personal appearance before the notary public; and
(6) for electronic notarial acts,
				  identification of the communication technology and, if not included as part of
				  the communication technology used by the electronic notary, the certification
				  authority and verification providers used.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.10 - Applications, Registrations and Renewals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to
				  performing any notarial acts, a notary public must be appointed and
				  commissioned by the secretary of state for a four-year term in accordance with
				  the requirements and procedures set forth in Executive Law sections 130 and 131
				  and must provide all information required by the application form prescribed by
				  the secretary of state.
(b) No
				  commissioned notary public may perform electronic notarial acts until they have
				  registered the capability to notarize electronically on a form prescribed the
				  secretary of state, including, in addition to any other information prescribed
				  by the secretary of state, the following information:
(1) the notary's name as currently
				  commissioned and complete mailing address:
(2) the expiration date of the notary's
				  commission and signature of the commissioned notary;
(3) the notary's email address;
(4) the description of the electronic
				  technology or technologies to be used in attaching the notary's electronic
				  signature to the electronic record, which may be effectuated by registration of
				  vendor account information from a vendor who meets the requirements of this
				  Part, in the manner required by the department of state;
(5) an exemplar of the notary's electronic
				  signature, which shall be provided through and in the manner required by the
				  department of state's registration system using the notary's selected signature
				  vendor and shall contain the notary's name and any necessary instructions,
				  authorizations, or techniques that allow the notary's electronic signature to
				  be read and verified.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter E - Notaries Public › Part 182 - Repealed › Section 182.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants
				  for a notary public commission must submit a non-refundable application fee of
				  sixty dollars, which fee shall be used and distributed in accordance with
				  section 131  of the Executive Law.
(b) Registrants for electronic notarial acts
				  must submit a non-refundable registration fee of sixty dollars to the secretary
				  of state with their registration.
(c) Notaries public who wish to renew their
				  notary public commission must pay a non-refundable fee of sixty dollars, which
				  fee shall be used and distributed in accordance with section 131  of the
				  Executive Law.
(d) Notary Public
				  applicants who must take a written exam must submit a fee of fifteen dollars
				  for each examination taken, payable on the date of the examination.
(e) The fee for change requests and Duplicate
				  License/Registration Requests shall be ten dollars, payable to the secretary of
				  state at the time of submission of the request.
(f) A notary public shall be entitled to a
				  fee for notarial acts as set forth in section 136  of the Executive
				  Law.
(g) An electronic notary
				  public shall be entitled to a fee of twenty-five dollars for each electronic
				  notarial act performed, which shall be inclusive of all costs incurred by the
				  notary public.
(h) All application,
				  renewal, and registration fees required to be paid pursuant to this section
				  shall be transmitted in a manner prescribed by the secretary of
				  state.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.1 - Armored car carrier: definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An armored car carrier is any individual,
				  partnership, association, limited liability company, corporation or any other
				  entity which engages in the business of providing secured transportation,
				  protection and safeguarding of valuable cargo from one place or point to
				  another (including the provision of cash services for automated teller
				  machines) by means of specially designed and constructed bullet-resistant
				  armored vehicles and armored car guards.
(b) The term armored car carrier does not
				  include any subsidiary of an entity organized and operating pursuant to the
				  Federal Bank Holding Company Act of 1956 (12 USCA 1841, et
				  seq.). Such entity must be registered with the Board of Governors of the
				  Federal Reserve as required by
				  12 USCA §
											1844.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.2 - Fingerprinting: principals and officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for licensure as armored car
				  carriers must be fingerprinted, and the fingerprints must be taken by one of
				  the following:
(1) an employee of the
				  Department of State, Division of Licensing Services at designated locations and
				  at appointed times;
(2) a local
				  police officer, a State police officer, a sheriff or deputy sheriff;
(3) the qualifier of any private investigator
				  or watch, guard and patrol agency or his/her designee who has been previously
				  fingerprinted;
(4) a principal or
				  officer of a licensed armored car carrier; or
(5) a previously fingerprinted employee of
				  security guard training school approved by the Division of Criminal Justice
				  Services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.3 - Business records

Current through Register Vol. 46, No. 28, July 10, 2024
Each licensee shall retain and maintain for a period of
					 three years records of the following transactions related to the armored car
					 carrier business: employee hiring and termination records, records of all
					 training, and contracts for the provision of armored car services and related
					 documents.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.4 - Change of name

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A licensed
				  armored car carrier shall not conduct business under any name other than the
				  name under which the carrier is licensed.
(b) If a licensed armored car carrier changes
				  the name under which it does business, the licensed carrier must file a
				  change-of-name notification with the Department of State prior to conducting
				  business under the new name.
(c)
				  The change-of-name notification form shall be prescribed by the Secretary of
				  State. There shall be no fee for filing a change-of-name notification. The
				  carrier' s license must be attached to the notification when it is submitted to
				  the Department of State, and the Department of State shall issue a new license
				  with the new name.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.5 - Notification of employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  armored car carriers shall provide information on the employment of armored car
				  guards to the Department of State on a notice of employment form.
(b) If an armored car carrier employs
				  registered armored car guards at the time of application, notice of employment
				  forms must be filed with the original license application of the armored car
				  carrier.
(c) Notice of employment
				  forms filed subsequent to the original license application shall be mailed or
				  delivered to the Department of State, at the address indicated on the form, by
				  the next business day following the employment of an armored car
				  guard.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 185 - Armored Car Carriers › Section 185.6 - Notification of termination of employment

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed armored car carrier shall file with the
					 Department of State, on a form prescribed by the Department of State, a notice
					 of termination identifying any armored car guard in their employ who has
					 retired, resigned, died, been terminated, or has otherwise been removed from
					 active duty. All armored car carriers shall provide information on the
					 termination of their armored guard cars from employment to the Department of
					 State on a notice of termination form. Such form must be completed and mailed
					 or delivered to the Department of State at the address indicated on the form
					 within 30 days of the guard's termination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 186 - Armored Car Guards › Section 186.1 - Armored car guard: definition

Current through Register Vol. 46, No. 28, July 10, 2024
An armored car guard is an individual employed by an
					 armored car carrier to provide armored car services and who carries a firearm
					 or is authorized by the employer to access a firearm when providing armored car
					 services. An armored car guard must be registered pursuant to article 8-C of
					 the General Business Law and these regulations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 186 - Armored Car Guards › Section 186.2 - Fingerprinting: armored car guards

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for registration as armored car guards shall be
					 fingerprinted in the manner prescribed in section
					 185.2 of this
					 Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 186 - Armored Car Guards › Section 186.3 - Armored car guard registration: staggered schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All individuals hired on or after
				  September 10, 1998 as armored car guards in New York State shall be registered
				  in accordance with the provisions of article 8-C of the General Business
				  Law.
(b) All individuals hired
				  prior to September 10, 1998 as armored car guards in New York State shall be
				  registered in accordance with the provisions of article 8-C of the General
				  Business Law as follows:
(1) those individuals
				  hired prior to September 10, 1998 in an even year shall be registered by March
				  10, 1999; and
(2) those individuals
				  hired prior to September 10, 1998 in an odd year shall be registered by
				  September 10, 1999.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter F - Armored Car Carriers and Guards › Part 186 - Armored Car Guards › Section 186.4 - State issued identification card

Current through Register Vol. 46, No. 28, July 10, 2024
An armored car guard shall prominently display the State
					 issued registration card on his or her outer garment.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.3 - Records to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
The following records of every business transaction must be
					 maintained at the principal office of the vendor for a period of three
					 years:
(a) duplicate signed copies of
				  all contracts;
(b) copies of
				  notices to the Department of State pursuant to section
				  190.4 of this Part;
(c) copies of landlord's authorization for
				  each apartment to which prospective tenants are referred; and
(d) duplicate signed copies of escrow
				  agreements.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.4 - Notice of authorized employees

Current through Register Vol. 46, No. 28, July 10, 2024
Each apartment information vendor shall file with the
					 department written notice of the name and home address of each employee
					 authorized to execute contracts or receipts on his or her behalf. If and when
					 such authority is revoked, the vendor shall notify the department thereof in
					 writing. The written notification required in this section shall be made within
					 five days of the authorization or revocation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.5 - Verification of information

Current through Register Vol. 46, No. 28, July 10, 2024
No apartment information vendor or employee thereof shall
					 refer a prospective tenant to an apartment unless the availability of such
					 apartment is verified by the vendor or employee at the time of
					 referral.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.6 - Restrictions on apartments listed

Current through Register Vol. 46, No. 28, July 10, 2024
No apartment information vendor or employee thereof shall
					 refer a prospective tenant to an apartment unless:
(a) the apartment information vendor agent
				  has the written authority of the owner to list the apartment; and
(b) the apartment meets the specifications of
				  said tenant as set forth in the standard apartment information vendor
				  contract.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.7 - Supervision of employees

Current through Register Vol. 46, No. 28, July 10, 2024
Each apartment information vendor shall supervise his
					 employees to insure their compliance with all requirements of the provisions
					 relating to apartment information vendors in article 12-C of the Real Propery
					 Law and this Part. Any violation of the law or regulations by an employee shall
					 be attributable to the vendor, and the vendor shall be held responsible for
					 such violations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter G - Apartment Information Vendors › Part 190 - General Provisions › Section 190.8 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
No apartment information vendor shall place any
					 advertisements for specific apartments. Advertisements shall be limited to the
					 vendor's name, address, telephone number and business hours, and a description
					 of the services offered.
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 192.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The General
				  Business Law (GBL), article 37-A contains many specific requirements on the
				  provision of hearing aids. Where appropriate, a regulation may contain a
				  specific reference to a statutory provision. The regulation and the statute
				  should be read together.
(b) The
				  term registrant or business registrant means any individual, corporation,
				  partnership, trust, association or other organization maintaining an
				  established New York State business address who engages in the business of
				  dispensing hearing aids at retail.
(c) The term binaural hearing aids means
				  hearing aids as defined in General Business Law, section 789(7) involving both
				  ears.
(d) The term otolaryngologist
				  shall include a physician who uses the designation otorhinolaryngologist or
				  otologist to describe his medical specialty and is similarly entitled to
				  practice such specialty.
(e) The
				  term consumer includes a purchaser, customer or user of a hearing aid, or the
				  parent or guardian of a purchaser, customer or user.
(f) A professional corporation formed thereby
				  shall be deemed equivalent to any otolaryngologist or audiologist referred to
				  in this Part.
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 192.2 - Application form for a business registrant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contents of application. In addition to
				  the information listed in General Business Law, section 790, the application
				  shall set forth:
(1) the name and business
				  address of each stockholder owning more than 10 percent of the issued and
				  outstanding stock of a corporation;
(2) the name of the dispenser who is the
				  manager or supervisor at each permanent business location;
(3) the principal office of the business
				  entity, whether or not the dispensing of hearing aids is conducted at such
				  principal office;
(4) whether the
				  applicant, any partner or officer thereof has had a license or registration
				  denied, suspended or revoked in any jurisdiction. If so, the details thereof
				  shall be supplied;
(5) whether any
				  administrative charges or complaints have been brought against the applicant,
				  any partner or officer thereof in any jurisdiction. If so, details thereof
				  shall be supplied;
(6) whether the
				  applicant, any partner or officer thereof has been convicted of a crime or
				  offense other than a minor traffic violation in any jurisdiction. If so, a
				  certified copy of the conviction shall be attached to the application;
				  and
(7) whether the applicant, any
				  partner or officer thereof has ever been engaged in the business of fitting,
				  renting or selling hearing aids in any jurisdiction. If so, the name under
				  which and the address at which such business was conducted shall be
				  supplied.
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 192.3 - Certificate of registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Posting of certificates. The business certificate of registration and the
				  individual certificate of each dispenser employed at a permanent business
				  location shall be conspicuously posted in open view at such location.
(b) Changes in information. If there is a
				  change in any information set forth in the application after the issuance of a
				  certificate of registration, a statement of amendment on a form prescribed by
				  the department and executed in the manner required for an application shall be
				  filed by the registrant within 10 days of such change. However, a change of
				  address shall be reported within 30 days.
(c) Transfer of ownership. No individual,
				  partnership or corporation or other entity or group of persons shall operate
				  under an existing certificate of registration, if there has been a transfer of
				  ownership of the business. For the purpose of this subdivision, a transfer of
				  ownership shall mean a transfer by an individual owner of any portion of his
				  interest, or a transfer of 50 percent or more of the partnership interest or of
				  the issued and outstanding stock of a corporation or other entity.
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 192.4 - Education

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approved
				  entities.
(1) Hearing aid dispensers.
				  The course of instruction may be conducted by a registered hearing aid
				  dispenser who has a minimum of three years full-time experience in the
				  dispensing of hearing aids.
(2)
				  Educational providers. The course of instruction may be given by: any college
				  or university accredited by the Commissioner of Education of the State of New
				  York; public and private vocational schools; audiology, hearing and/or hearing
				  aid professional societies and organizations; medical facilities; and hearing
				  instrument manufacturers.
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 192.5 - Training program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A trainee
				  who receives up to three months' credit for completing the theory portion of a
				  course of instruction pursuant to section
				  192.4(k) of this
				  Part may not perform any activity directly related to the dispensing of a
				  particular hearing aid or hearing aids unless such activity is conducted under
				  the direct supervision of a registered dispenser for a period of three months.
				  For the next three months, such trainee may not perform any activity directly
				  related to the dispensing of a particular hearing aid or hearing aids unless
				  such activity is conducted with the immediate consent, review and approval of a
				  registered dispenser.
(b) For the
				  purpose of applying to take the written examination, up to three months' course
				  credit may be counted toward satisfying the six months' training program.
				  However, no trainee may apply to take the written examination or practical test
				  until the conclusion of the three-month period of direct supervision.
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 192.6 - Examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The fee for the
				  initial taking of the written exam and/or practical test, administered at the
				  same time, is $50. There is an additional fee of $50 for the re-taking of
				  either the written exam or the practical test, or the taking of the exam and
				  practical at different times.
(b)
				  An applicant may review the score of a failed examination by making such
				  request in writing to the department. Such review will be made available within
				  a reasonable time at an office of the department. The applicant may not copy
				  the exam or the scoring thereof.
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 192.7 - Continuing education

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General requirements. No offering of a course of study shall be acceptable for
				  credit unless such course of study shall have been approved by the
				  department.
(b) Proof of
				  compliance. A registrant shall maintain and, upon request, provide to the
				  department proof of satisfactory completion of the continuing education
				  requirements for the registrant's current and immediately preceding term of
				  registration.
(c) Approved entity.
				  Dispenser continuing education courses and offerings may be presented by: any
				  college or university accredited by the Commissioner of Education of the State
				  of New York; public and private vocational schools; audiology, hearing and/or
				  hearing aid professional societies and organizations; medical facilities; or
				  hearing instrument manufacturers.
(d) Application for approval of a continuing
				  education course of study.
(1) An application
				  for approval to conduct a course of study by an educational provider shall be
				  submitted 60 days before the proposed course is to begin.
(2) The application shall include the
				  following:
(i) name and business address of
				  the proposed school;
(ii) if
				  applicant is a partnership, the names and addresses of all the partners of the
				  entity;
(iii) if applicant is a
				  corporation, the names and addresses of persons who own five percent or more of
				  the stock of the entity;
(iv) the
				  name, home and business address and telephone number of the education
				  coordinator who will be responsible for administering the regulations contained
				  in this Part;
(v) locations where
				  classes will be conducted;
(vi)
				  title of each course or program to be conducted;
(vii) a detailed outline of the subject
				  matter, together with time sequence of each segment; and
(viii) a description of materials that will
				  be distributed.
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 192.8 - Employment of dispensers

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the dispensing of a hearing aid, a dispenser must
					 present a certificate of registration, either permanent or temporary, to a
					 prospective employer (business registrant).
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 192.10 - Decontamination and infection control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. As used in this section:
(1) OSHA means the Occupational Safety and
				  Health Administration and the statutes, rules and regulations relevant
				  thereto.
(2) EPA means the
				  Environmental Protection Agency.
(3) Cleaning is the removal of gross
				  contamination from an object or surface by the physical removal of all visible
				  dust, soil, and any other foreign material.
(4) Disinfection is the process that kills or
				  destroys a specific number of disease producing organisms, the number of which
				  is determined by the level of disinfectant used.
(5) Sterilization is the process that kills
				  all disease producing organisms (including bacteria, viruses, fungi and
				  spores).
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 192.11 - Environmental standards for testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Office. Audiometric testing shall take
				  place in a test environment meeting the criteria for background noise in
				  accordance with prevailing hearing related industry standards.
(b) Residential. When a customer is
				  home-bound and not able physically or psychologically to receive services in an
				  office setting or it is geographically inconvenient to do so, the dispenser
				  must arrive at the customer's residence with the proper calibrated equipment
				  and a sound level meter to measure ambient noise in the room and be able to
				  perform the test where the ambient sound is not so loud as to interfere with
				  the testing. If the prevailing hearing related industry standards can not be
				  met, such fact must be noted on the audiogram.
(c) Other nonoffice setting. In such settings
				  as a nursing home, the dispenser must have the proper equipment and the ambient
				  sound in the site of testing must be such that it does not interfere with the
				  testing. If the prevailing hearing related industry standards can not be met,
				  such fact must be noted on the audiogram.