N.Y. Comp. Codes R. & Regs. tit. 9 § 6024.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 6024.5 - Suspension and revocation of firearms instructor certification

(a) The commissioner may move to suspend or revoke a firearms instructor certification pursuant to this Part at any time. Upon the suspension of the firearms instructor certification, the commissioner shall either:

(1) proceed under the provisions of subdivision (c) of this section to revoke the firearms instructor certification; or

(2) hold the revocation of the firearms instructor certification in abeyance pending the resolution of the concerns raised by the commissioner.

(b) Suspension.

(1) The certification of a firearms instructor may be suspended for causes including, but not be limited to:

(i) the violation of any of the provisions and/or applicable rules and regulations as set forth in this Part;

(ii) the commissioner determines that there are defects in the instruction of a course provided by a firearms instructor;

(iii) the firearms instructor is charged with a felony or misdemeanor and the conduct constituting the offense was performed in the name of or ion behalf of an approved pre-employment police training school, during an approved police or peace officer training course, or, in the discretion of the commissioner, the conduct of the firearms instructor bears on the integrity of the division;

(iv) the firearms instructor submitted documents to the Division for approval which contained a material false statement or omission;

(v) the commissioner determines that the firearms instructor was and/or is professionally affiliated with an instructor, firearms instructor, course director or an organization that administers approved police or peace officer training courses that has been and/or is presently suspended or revoked;

(vi) any other cause for which the commissioner deems the suspension necessary.

(2) The commissioner may, but is not required to, send the firearms instructor, via certified mail, a written notice to cure in response to paragraph (1) of this subdivision. Upon receipt of such notice, the certification of the firearms instructor shall be suspended and such firearms instructor shall not instruct any approved police or peace officer training course or program.

(3) No later than 15 days of the receipt of said notice, the firearms instructor may address the concerns raised. The firearms instructor shall notify the division in writing of the actions taken. If the actions do not satisfactorily address the concerns of the division, the division may proceed with the revocation of the firearms instructor certification.

(4) Where the firearms instructor has been charged with a felony or misdemeanor, the commissioner shall send the firearms instructor, via certified mail, a written notice of suspension pending the disposition of the case. Upon receipt of such notice, the certification of the firearms instructor shall be suspended and such firearms instructor shall not instruct any approved police or peace officer training course or program.

(c) Revocation.

(1) The certification of a firearms instructor may be revoked for causes including, but not be limited to:

(i) the violation of any of the provisions and/or applicable rules and regulations as set forth in this Part;

(ii) the commissioner determines that there are defects in the instruction of a course provided by a firearms instructor;

(iii) the firearms instructor is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or on behalf of an approved pre-employment police training school, during an approved police or peace officer training course, or, in the discretion of the commissioner, the conduct of the firearms instructor bears on the integrity of the division;

(iv) the firearms instructor submitted documents to the Division for approval which contained a material false statement or omission;

(v) the commissioner determines that the firearms instructor was and/or is professionally affiliated with an instructor, firearms instructor, course director, pre-employment police training school or an organization that administers approved police or peace officer training courses that has been and/or is presently suspended or revoked;

(vi) a firearms instructor after receipt of a notice of suspension, continues to conduct police or peace officer training courses;

(vii) any other cause for which the commissioner deems the revocation necessary.

(2) The commissioner shall send the firearms instructor, via certified mail, a written notice of his or her intent to revoke the certification and the reasons for such action. Upon receipt of such notice, the certification of the firearms instructor shall be suspended, or will remain suspended, and such firearms instructor shall not instruct any approved police or peace officer training course or program.

(3) Within 15 days of the receipt of said notice, the firearms instructor may forward a written request to the commissioner for a hearing to be held by the council to consider the revocation of the firearms instructor certification. The commissioner shall forward the request to the council. The failure of the individual to timely request a hearing shall not preclude the commissioner from revoking the certification.

(4) Such hearing shall be held at the next meeting of the council or subsequent meeting or special meeting of the council. At least 15 days before the next meeting, the council shall give to the firearms instructor written notice by mail of the time and place of said meeting, wherein a hearing shall be held to consider the revocation of the firearms instructor certification. The firearms instructor may be represented at the hearing by counsel and may produce any evidence to support his or her position.

(5) The hearing shall be conducted in accordance with the provisions of the State Administrative Procedure Act. Following deliberation, and in accordance with the open meetings law established by article 7 of the Public Officers Law, the council shall submit its recommendation to the commissioner. Following receipt of the council's recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the individual the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council's recommendation. The commissioner, and not the council, shall be responsible for setting any penalty.

(6) The commissioner shall consider additional factors including, but not limited to:

(i) whether the firearms instructor has submitted documents to the Division for approval which were denied;

(ii) whether the firearms instructor is at an approved pre-employment police training school or an organization that administers approved police or peace officer training courses which has submitted documents to the Division for approval which were denied, and the date and nature of such denial;

(iii) whether the firearms instructor has had an instructor certification, firearms instructor certification, director certification or pre-employment police training school approval suspended or revoked, or is the instructor, firearms instructor or course director at an approved pre-employment police training school where the approval of such school has ever been or is suspended or revoked, and the date and nature of such suspension or revocation;

(iv) whether the firearms instructor has ever been convicted of a crime, and the date and nature of the offense;

(v) and whether there are any criminal charges pending against the firearms instructor.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6024.5

Adopted New York State Register March 25, 2020/Volume XLII, Issue 12, eff. 3/25/2020