reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.37 - Examination interpreters

Current through Register Vol. 46, No. 28, July 10, 2024
If an examination is not available in the applicant's
					 language at the time of application, an examinee who is not fluent in the
					 English language may provide for an interpreter to accompany him or her to the
					 examination. Such interpreter must be fluent in both the examinee's native
					 language and English. The department may refuse entrance to any interpreter who
					 possesses specialized knowledge in appearance enhancement or barber disciplines
					 or who has previously provided interpretive services within a three-month
					 period. Prior to entrance an examinee and interpreter will be required to
					 verify such facts and an interpreter will be required to present three forms of
					 identification acceptable to the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.38 - Compliance with other laws

Current through Register Vol. 46, No. 28, July 10, 2024
In the course of its operation of an appearance enhancement
					 business, an owner shall refrain from engaging in any conduct violative of any
					 State or Federal law, rule or regulation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.39 - Notification of Proceeding to Direct Cessation of Unlicensed Activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  businesses and operators served with a Notice of Violation relating to
				  unlicensed activity pursuant to Article 27 of the New York General Business Law
				  shall immediately affix a copy of such notice on the front window, door or
				  exterior wall of the business. The Notice of Violation shall be within five
				  feet of the front door or other opening to the business where customers enter
				  from the street, at a vertical height no less than four feet and no more than
				  six feet from the ground or floor. An establishment without a direct entrance
				  from the street shall post such Notice of Violation at its immediate point of
				  entry in a place where consumers are likely to see it.
(b) Such Notice of Violation shall not be
				  removed except when authorized by the Department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 162 - Appearance Enhancement: Curriculum › Section 162.5 - Waxing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope of
				  curriculum. The educational requirements for waxing shall include the following
				  subjects and the hours assigned to each:
Scope of Curriculum
Hours
(1) Professional Requirements
10
(2) Safety and Health
20
(3) Skin Structure, Disorders and Diseases
10
(4) Removal of Superfluous Hair
35
Total
75
(b) Subject matter. Each subject shall
				  include a treatment of the topics as set forth herein:
Subject 1
Professional Requirements--10 Hours
* New York State License Requirements
* State and Federal Payroll Requirements
* New York State Sales Tax Requirements
* Career Opportunities and Placement
* Professional Ethics, Conduct and Attitude
* Professional Organizations, Trade Shows and
					 Publications
* View and discuss the mandatory Domestic Violence and
					 Sexual Assault Awareness online course
Subject 2
Safety and Health -- 20 Hours
* New York State Laws, Rules and Regulations
* OSHA Regulations Concerning Hazardous Materials
					 Communications
* Types and Classification of Infectious Organisms
-- Bacteria
-- Viruses
-- Mold and Fungus
* Growth and Reproduction of Infectious Organisms
* Infections and Their Prevention
* Immunity and Body Defenses
* Decontamination and Infection Control
* Physical and Chemical Agents
Subject 3
Skin Structure, Disorders and Diseases -- 10 Hours
* Histology of the Skin and its Functions
* Skin Disorders and Diseases
* Hair Structure and Functions With Relation to
					 Waxing
Subject 4
Removal of Superfluous Hair -- 35 Hours
* Theoretical Overview of Permanent Methods (Electrolysis,
					 Thermolysis, Blend)
* Temporary Methods of Hair Removal
-- Manual tweezing
-- Depilatory lotion
-- Waxing (strip and non-strip)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 162 - Appearance Enhancement: Curriculum › Section 162.6 - Nail specialist trainee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Scope of
				  curriculum.
Educational requirements for nail specialist trainees shall
					 include the following subjects and the hours assigned to each:
Scope of Curriculum
Hours
Course Overview/Content
2
Workplace Safety and Health
5
Infection Control
6
Bacteria and Infectious Disorders and Diseases
6
Anatomy and Physiology of the Nail, Hand, Arm, Foot
								and Leg
3
Client Consultation and Service Protocols
5
Examination
N/A
Total Hours 27
(b)
Subject matter.
Each subject (including the course overview) shall include
					 a treatment of the topics as set forth herein:
Subject 1
COURSE OVERVIEW/CONTENT-2 HOUR
* Course Overview
* The Role of the Nail Specialist
* New York State Law, Rules, and Regulations
* View and discuss the mandatory Domestic Violence and
					 Sexual Assault Awareness online course
Subject 2
WORKPLACE SAFETY & HEALTH-5 HOURS
* Local, State, and Federal Safety Codes
* General Salon Safety
* Hazardous Materials Communications (HAZMAT)
Subject 3
INFECTION CONTROL-6 HOURS
* Methods of Infection Control
* Physical and Chemical Agents of Infection Control
* Bloodborne Pathogen Infection Control
Subject 4
BACTERIA AND INFECTIOUS DISORDERS AND DISEASES-6
					 HOURS
* Types and Classification of Bacteria
* Immunity and Body Defenses
* Viral Infections
* Mold and Fungal Infections
* Disorders and Diseases of the Nails and Skin
Subject 5
ANATOMY & PHYSIOLOGY OF THE NAIL, HAND, ARM, FOOT &
					 LEG-3 HOURS
* Significance of Anatomy and Physiology to the Nail
					 Specialist
* Cell Metabolism and Structure
* Tissues and Organs
* Systems of the Body and Their Relationship
* Histology of the Skin and Its Function
* Bones, Muscles, Nerves of the Hand, Arm, Leg and
					 Foot
* Nail Structure
Subject 6
CLIENT CONSULTATION & SERVICE PROTOCOLS-5 HOURS
* Client Needs Assessment
* Nail and Skin Analysis/Product Selection and Treatment
					 Recommendations
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.1 - Scope and authority

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to the requirements and
					 procedures relating to the courses of instruction required for nail specialist
					 trainees.Notwithstanding any provision to the contrary, no offering of a course
					 of study concerning nail specialist trainees, for the purpose of compliance
					 with article 27 of the New York General Business Law, shall be acceptable for
					 credit unless such course of study has been approved by the Department of State
					 in compliance with this Part. Authority for this Part is provided by article 27
					 of the New York General Business Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.2 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Nail specialist trainee courses may be given by any
					 college, university, public or private school accredited or recognized by the
					 Commissioner of Education of the State of New York, or any entity authorized to
					 conduct business within the State and approved by the Department of State
					 pursuant to this Part. No nail specialist trainee course may be affiliated with
					 or controlled by any licensed nail specialist, nail specialist trainee,
					 licensed appearance enhancement business, or affiliated with or controlled by
					 any subsidiary of any licensed appearance enhancement business, or affiliated
					 with or controlled by any subsidiary or applicant thereof.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.3 - Requests for approval of courses of study

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for approval to conduct courses of study to
					 satisfy the requirements for nail specialist trainees shall be made at least 60
					 days before the proposed course is to be conducted. The application shall
					 include the following:
(a) name and
				  business address of the entity which will present the course;
(b) if applicant is a partnership, the names
				  and home addresses of all the partners of the entity;
(c) if applicant is a corporation, the names
				  and home addresses of persons who own five percent or more of the stock of the
				  entity;
(d) the name, home and
				  business address and telephone number of the education coordinator that will be
				  responsible for implementing the program in accordance with the regulations
				  contained in this Part;
(e)
				  locations where classes will be conducted;
(f) title of each course to be
				  conducted;
(g) detailed outline of
				  each course subject, together with the time sequence of each segment;
(h) final examination(s), including make-up
				  examination(s) to be presented for each course, including the answer key and
				  all reference sources used to support each correct answer;
(i) description of materials that will be
				  distributed;
(j) a course
				  cancellation and tuition refund policy;
(k) the books that will be used for the
				  outline and the final exams; and
(l) such other information as directed by the
				  department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.4 - Scope of curriculum

Current through Register Vol. 46, No. 28, July 10, 2024
Educational requirements for nail specialist trainees shall
					 include the subjects and hours assigned to each subject required by section
					 162.6 of this
					 Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.5 - Equivalency of out-of-state education courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Students who have completed a course of study outside the state, which has not
				  been approved by the department, may request to have such course count as
				  credit toward their education requirement. To receive credit a student must
				  submit the following:
(1) an official school
				  transcript showing satisfactory completion of equivalent education;
(2) an official school description of the
				  courses completed; and
(3) such
				  other information as the department may require.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.6 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
To meet the minimum requirements, attendance shall be
					 computed on the basis of an hour equaling 50 minutes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.7 - Attendance and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An approved
				  entity may not give credit to a student who is absent during any instructional
				  period or periods totaling more than 10 percent of the curricula.
(b) An approved entity, may in its
				  discretion, permit a student to make up a missed subject matter during
				  subsequent classes.
(c) An approved
				  entity may not allow a student who has not satisfied the attendance
				  requirements, to take a final examination.
(d) An approved entity may allow a student to
				  take make-up examination at its discretion.
(e) All examinations required for course work
				  shall be written and given within a reasonable time after the course work has
				  been conducted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.8 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
No course shall be presented in any location other than a
					 location approved by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.9 - Record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approved entities shall retain the
				  attendance records of each enrolled student, the final examinations and a list
				  of students who successfully complete each course for a period of five years
				  after completion of each course, and, in addition, shall maintain for five
				  years the following records concerning each course:
(1) the approval number issued by the
				  Department of State for the course;
(2) title and description of the
				  course;
(3) the dates and hours the
				  course was given; and
(4) the names
				  and unique identification numbers, if applicable, of the persons who took the
				  course and whether they completed it successfully.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.10 - Faculty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each instructor for an approved nail
				  specialist trainee course must be approved by the Department of State. To be
				  approved, an instructor must demonstrate three years of experience as a
				  licensed nail specialist.
(b) An
				  instructor who does not qualify under subdivision (a) of this section may be
				  approved as a technical expert if the instructor submits an application and
				  resume establishing, to the satisfaction of the Department of State, that the
				  applicant is an expert in and has at least three years experience in a specific
				  technical subject related to the performance of nail specialist services.
				  Approval by the Department of State shall specify the subject(s) within the
				  nail specialist trainee course or course subject for which approval is
				  given.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.11 - Policies concerning course cancellation and tuition refund

Current through Register Vol. 46, No. 28, July 10, 2024
Approved entities must provide a copy of the course
					 cancellation and tuition refund policy to each prospective student prior to
					 enrollment and acceptance of any fees.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.12 - Revocation, suspension and denial of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State may deny, suspend, or revoke the
					 approval or renewal of a nail specialist trainee course or a nail specialist
					 trainee instructor, if it is determined that they are not in compliance with
					 applicable law and rules, or if the course does not adequately reflect and
					 present current nail specialist knowledge for nail trainee practice, or if the
					 approved entity or instructor has obtained, used or attempted to obtain or use
					 the Department of State's examination questions or answers concerning any
					 practice for which a license is required pursuant to article 27 of the New York
					 General Business Law. Disciplinary proceedings shall comply with the provisions
					 of article 27 of the New York General Business Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.13 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approved entities may not:
(1) make or publish any false or misleading
				  statement or material omission regarding employment opportunities which may be
				  available as a result of the successful completion of a course or as a result
				  of acquisition of a nail specialist trainee registration;
(2) make or publish any false or misleading
				  statement or material omission regarding enrollment of current or former
				  students as inducement to obtain enrollment of new students;
(3) make or publish any other false or
				  misleading statement or material omission as inducement to obtain enrollment of
				  new students.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.14 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized representative of the Department of State
					 may audit any course, and may verify attendance and inspect the records of
					 attendance of the course at any time during its presentation or
					 thereafter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.15 - Discriminatory practices

Current through Register Vol. 46, No. 28, July 10, 2024
Approved entities may not refuse enrollment by reason of a
					 person or persons particular race, color, religion, national origin, age, sex,
					 sexual orientation, disability, gender identity, military status, familial
					 status or any other protected category under any Federal, State or local
					 law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.16 - Certificates of completion and student lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  successful completion of a course of study, each approved entity shall provide
				  a certification of completion as prescribed by the Department of State. Each
				  certificate shall be signed by an authorized representative of the approved
				  entity and shall have affixed thereto the official seal of the approved
				  entity.
(b) An approved entity
				  shall provide upon request to the department a list of the names and addresses
				  of students who have successfully completed each course of instruction. Each
				  such list shall be certified by the provider as true and accurate.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.17 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved
					 course of study without prior written notice to, and approval by, the
					 Department of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.18 - Course approval periods

Current through Register Vol. 46, No. 28, July 10, 2024
Course approvals shall be valid for 12 months or portion
					 thereof, commencing January 1st or a date thereafter and shall continue until
					 December 31st of each year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.19 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each approved entity shall pay an annual
				  registration fee of $25 for each 12-month period or part thereof.
(b) Each approved entity shall pay an
				  additional registration fee of $25 for each additional location that a course
				  is provided. Such additional fee shall be for a 12 month period or part thereof
				  and shall run from each January 1st and shall continue until December
				  31st.
(c) Each instructor employed
				  to teach the nail specialist trainee course shall pay a one-time registration
				  fee of $25.
(d) Fees shall be
				  payable upon submission of the application or applications, and are
				  nonrefundable.
(e) The registration
				  fees required by subdivisions (a) and (b) of this section to become an approved
				  entity shall not apply to the State, or any county, city, town or village or
				  any subdivision thereof, or to any non-for-profit corporation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.20 - Distance learning programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Distance education
is defined as any educational process based
				  on the geographical separation of instructor and student (for example, CD-ROM,
				  disk, on-line learning). Educational providers who wish to offer distance
				  learning programs must have their programs evaluated and approved in accordance
				  with the provisions of this Part. Each provision of this Part shall be
				  applicable to distance learning programs, unless specifically otherwise
				  directed or authorized 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 A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.21 - Distance learning program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The material of a distance learning program must be divided into major
				  units.
(b) The contents of major
				  units must be divided into modules of instruction.
(c) The distance learning program must
				  contain a time-default mechanism for inactivity so that a student is not
				  credited when not actively participating in the program.
(d) The approved entity offering the program
				  must obtain from each student a signed and dated statement that he or she
				  personally completed each module of the learning program.
(e) the approved entity offering the program
				  must retain a record of each student's participation in and completion of the
				  distance-learning program for a period of five years, and such records must be
				  available for review and inspection by the Department of State.
(f) The approved entity offering the program
				  must have an instructor approved pursuant to section
				  163.10 of this Part available to
				  students, during reasonable business hours, to answer questions pertaining to
				  the qualifying course content.
(g)
				  The course must include a proctored final examination which must be held at a
				  location within New York State approved by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.22 - Request for approval of distance learning programs

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for approval to conduct courses of study to
					 satisfy the requirements for nail specialist trainees by distance learning
					 shall be made at least 60 days before the proposed course is to be conducted.
					 The application shall include the following:
(a) name and business address of the entity
				  which will present the course;
(b)
				  if the applicant is a partnership, the names and home addresses of the partners
				  in the entity; if a corporation, the names and home addresses of any persons
				  who own five percent or more of the stock of the entity;
(c) the name, home and business address and
				  telephone number of the education coordinator that will be responsible for
				  implementing the program in accordance with the regulations contained in this
				  Part;
(d) locations where the final
				  examination will be conducted;
(e)
				  title of each course to be conducted;
(f) final examination(s), including make-up
				  examination(s) to be presented for each course, including the answer key and
				  all reference sources used to support each correct answer;
(g) a course cancellation and tuition refund
				  policy;
(h) the books that will be
				  used for the outline and the final exams;
(i) an explanation of the means for
				  monitoring and verifying each student's active participation, on an ongoing
				  basis, during each module of instruction;
(j) a brief description of the hardware and
				  software to be used by the student;
(k) a plan for providing technical support to
				  the student;
(l) a detailed course
				  outline divided into major units; the contents of major units must be divided
				  into modules of instruction; and
(m) such other information as directed by the
				  department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 163 - Approval of Nail Specialist Trainee Courses › Section 163.23 - Course completion for distance learning courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Students must successfully complete a distance learning course within 12 months
				  of starting the program. This includes the passing of the school's final
				  examination.
(b) After successful
				  completion of a course of study, each approved entity shall provide a
				  certification of completion as prescribed by the Department of State. Each
				  certificate shall be signed by an authorized representative of the approved
				  entity and shall have affixed thereto the official seal of the approved
				  entity.
(c) An approved entity
				  shall provide upon request to the department a list of the names and addresses
				  of students who have successfully completed each course of instruction. Each
				  such list shall be certified by the provider as true and accurate.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter B - Barbering › Part 165 - General Provisions › Section 165.1 - Photographs on licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  licensee shall affix his photograph to the license in the appropriate space
				  indicated thereon and subscribe beneath or alongside the said photograph the
				  date it was taken.
(b) No
				  photograph shall be or remain affixed to a license which photograph was taken
				  more than four years prior to the date it was so affixed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.1 - Security guard

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person
				  described in General Business Law, section 89-f(6) is a security guard if he or
				  she principally performs the activities of prevention, deterrence, control or
				  enforcement.
(b) For purposes of
				  this Part:
(1) prevention includes protecting
				  persons and/or property from harm, theft, and other unlawful activity,
				  including response to a security systems alarm;
(2) deterrence includes deterring, observing,
				  detecting, and reporting unlawful or unauthorized activity;
(3) control includes controlling, by street
				  or other patrol service, access to property, including employee personnel,
				  visitors, vehicles and traffic;
(4)
				  enforcement includes enforcing security policies, rules, regulations, and
				  procedures.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.2 - Fingerprinting of employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Employees of any licensed private investigator or licensed watch, guard or
				  patrol agency whether contractual or proprietary shall be fingerprinted.
				  Employees of any licensed bail enforcement agent shall be fingerprinted.
(1) All fingerprinting shall be performed at
				  the office of the licensee or of another licensee by the person who qualifies
				  as the licensee or by a designated person who is employed by the entity and who
				  has been previously fingerprinted.
(2) The designation of such person(s) to take
				  fingerprints shall be made in writing by the qualifying licensee and filed with
				  the Albany Office of the Division of Licensing Services, Department of
				  State.
(3) The form of
				  certification on the fingerprint pattern card as to the taking of the
				  fingerprints of an employee shall be signed by the person authorized to take
				  such fingerprints as provided by this section and shall not be signed by any
				  other person.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.3 - Employee statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Employee statement. Each licensed private investigator, watch guard or patrol
				  agency including every proprietary security guard company shall obtain a
				  complete employee statement from each employee at the time of hiring. For a
				  security guard company which has elected to form a security guard entity as
				  provided in section 174.3 of this Title, such requirement shall apply only to
				  those employees whose job duties are primarily related to the operation of such
				  entity. Each licensed bail enforcement agent shall obtain a complete employee
				  statement from each employee.
(b)
				  The employee statement shall be a form prescribed by the Department of State,
				  and shall inquire whether or not the employee has ever been convicted of an
				  offense (other than a minor motor vehicle offense), and any such further
				  information as the Department of State shall require.
(c) A licensee under article 7 of the General
				  Business Law may destroy the employee's statement and fingerprint card referred
				  to in section 81 of said article, provided that the employee has not been in
				  the licensee's employ for the period of at least one year immediately preceding
				  said destruction; no such destruction shall take place in the event that there
				  is any litigation pending and arising out of and in the course of the
				  individual's employment with the licensee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.4 - Fingerprinting of qualifying licensee(s)

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for licensure for a private investigator or
					 watch guard or patrol agency or bail enforcement agent may be fingerprinted by
					 employees of the Department of State, Division of Licensing Services at
					 designated locations and at appointed times. The fingerprints of any applicant
					 for licensure may also be taken and recorded by local and State Police, or
					 sheriffs and chiefs of police in a form and manner approved by the Division of
					 Criminal Justice Services. In such case, each fingerprint card shall be signed
					 and authenticated by the official who took the fingerprints, with his/her title
					 of office.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.5 - Principal business address

Current through Register Vol. 46, No. 28, July 10, 2024
All licensees under article 7 of the General Business Law
					 shall maintain a principal place of business within New York State which shall
					 contain the employee and business records for any licensed activities conducted
					 within New York State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.7 - Multiple licenses

Current through Register Vol. 46, No. 28, July 10, 2024
A licensed watch, guard or patrol agency or private
					 investigator or bail enforcement agent may not hold an employment agency
					 license or have a financial interest in or participate in the control and
					 management of any employment agency or any other entity engaged in the business
					 of private investigator, except that such prohibition shall not apply in the
					 following situations:
(a) the licensee
				  owns stock in a corporation whose only business is to undertake for hire the
				  preparation of payrolls and the transportation of payrolls, moneys, securities
				  and other valuables; or
(b) the
				  licensee owns stock in a corporation whose only business is to provide or
				  furnish protective, guard or private investigator services to the Federal or
				  New York State government or any subdivision, department, commission or agency
				  thereof; or
(c) the corporation was
				  created or subject to the provisions of chapter 440 of the Laws of 1926 (with
				  respect to raising and breeding of horses) or chapter 254 of the Laws of 1940
				  (with respect to the pari-mutuel method of betting); or
(d) the licensee is a proprietary security
				  guard company.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.8 - 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 all transactions relating to the private investigator or
					 watch, guard or patrol or bail enforcement business.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.9 - Employees' identification cards issued by licensee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each employee of a licensed private
				  investigator or watch, guard or patrol agency providing services as either an
				  investigator or security guard shall be issued a company identification card as
				  described herein. Each employee of a licensed bail enforcement agent shall be
				  issued a company identification card as described herein.
(b) The form of the employee identification
				  card shall be as follows:
(1) The
				  identification card shall be 2" in height, 31/4" width.
(2) Predominate over all other information
				  contained therein shall be the name and business address of the licensee as
				  indicated on the license issued by the Department of State.
(3) Below this information shall be the word
				  "employee" followed by the employee's full name, and registration title--i.e.,
				  Investigator, Security Guard, Armed Security Guard or Bail
				  Enforcement.
(4) In the upper
				  left-hand corner of the identification card shall be placed a current
				  photograph of the employee, approximately 11/2" by 11/2" in size. The
				  photograph shall at all times be a true likeness of the employee's actual
				  appearance.
(5) Employee
				  identification cards will be laminated after the photograph and signatures are
				  affixed.
(6) Date of
				  hire.
(7) The employee ID card
				  format appears as follows:
Image
Image
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.10 - Insignia/symbols of authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  licensed watch, guard or patrol agency shall use any badge, patch or insignia
				  except as described herein:
(1) Any cloth or
				  metal insignia authorized for use shall be no larger than 3" wide by 4" high
				  and rectangular in shape.
(2) The
				  insignia used by security guards shall not be similar in design or appearance
				  to the insignia of any police force or governmental agency. Such insignia shall
				  not contain a replica of the Great Seal of the State of New York or the coat of
				  arms of New York State. It shall show the full licensed name of the employer in
				  a prominent and legible manner.
(3)
				  Each insignia shall contain the words watch guard, guard, patrol, special
				  service protection, security or armed security. The cloth patch or metal
				  insignia shall be worn either on the shoulder or breast of the guard uniform or
				  a hat.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.11 - Advertisements

Current through Register Vol. 46, No. 28, July 10, 2024
All media advertisements placed by an individual or
					 business licensed under this article, other than a proprietary security guard
					 company, shall state, "Licensed by the New York State Department of
					 State."
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.12 - Contracts and agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consumers conducting business with an individual or firm licensed under this
				  article shall receive a copy of any signed contract and/or agreement.
(b) All contracts and agreements used by an
				  individual or firm licensed under this article shall include the following
				  statement under the name of the business: "This business is licensed by the New
				  York Department of State, Division of Licensing Services."
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.13 - Supervision

Current through Register Vol. 46, No. 28, July 10, 2024
All licensees under article 7 of the General Business Law
					 shall be required to provide supervision of all employees engaged in the
					 business of investigations or security guard or bail enforcement work. Such
					 supervision shall consist of regular, frequent and consistent guidance,
					 instruction, oversight and superintendence by the licensee with respect to
					 investigations or security guard or bail enforcement work conducted by the
					 licensee, and all matters relating thereto.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 170 - Employees › Section 170.14 - State issued identification card

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A security guard wearing a military style
				  uniform shall prominently display the State issued registration card on his or
				  her outer garment.
(b) A bail
				  enforcement agent or an employee of a bail enforcement agent wearing a military
				  style uniform shall prominently display a company issued identification 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 C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.1 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Courses of instruction may be given by any college or
					 university accredited by the Commissioner of Education of the State of New
					 York, any public and/or private vocational school, any bail enforcement
					 professional society or organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.2 - Application for approval of course of study

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval to conduct a 25-hour bail
					 enforcement course shall be made 60 days before the proposed course is to begin
					 and shall be submitted on a form prescribed by the department. The application
					 shall include the following:
(a) the
				  name and business address of the school;
(b) the name and business address of the
				  owners;
(1) if the owner is an individual,
				  the name and business address of the individual;
(2) if the owner is a partnership, the name
				  and business address of each partner;
(3) if the owner is a corporation, the name
				  and business address of each shareholder owning five percent or more of the
				  corporate stock;
(4) if the owner
				  is a limited liability company, the name and business address of each member of
				  the limited liability company;
(5)
				  if the owner is a not-for-profit corporation or education corporation, the name
				  and business address of the corporation's president or chief executive
				  officer;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.3 - Subjects of study for bail enforcement agents

Current through Register Vol. 46, No. 28, July 10, 2024
The following are the subject to be included in the 25-hour
					 course of instruction for bail enforcement agents. All approved schools must
					 use this course outline in their programs.
(a) New York State Licensing Law and
				  Regulations;
(b) liability issues;
(1) civil;
(2) criminal;
(3) search or seizure of bailee/fugitive;
				  and
(4) entering homes, businesses
				  and vehicles;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.4 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
To receive credit, a student must complete the entire
					 25-hour course of instruction.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents › Part 171 - Qualifying School Requirements For Bail Enforcement › Section 171.5 - Certificate of successful completion

Current through Register Vol. 46, No. 28, July 10, 2024
Upon satisfactory completion of the 25-hour course of
					 instruction by a student, the school must give the student a certificate of
					 completion which shall be signed and dated by the school's course coordinator.
					 The certificate must include the following information:
(a) the name of the school;
(b) the title of the course, which shall be
				  "Bail Enforcement Course, 25 hours";
(c) the school's code number;
(d) a statement that the student, who shall
				  be named, has satisfactorily completed a 25-hour course of study in bail
				  enforcement subjects approved by the Secretary of State in accordance with
				  article 7 of the General Business Law; and
(e) the date on which the student completed
				  the course.