N.Y. Comp. Codes R. & Regs. tit. 9 § 6028.4

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

Section 6028.4 - Suspension and revocation of approval of a security guard training school

(a) The commissioner may move to suspend or revoke the security guard training school approval pursuant to this Part at any time. Upon the suspension of the approval of a security guard training school, the commissioner shall either:

(1) proceed under the provisions of subdivision (c) of this section to revoke the school approval; or

(2) hold the revocation of the school approval in abeyance pending the resolution of the concerns raised by the commissioner.

(b) Suspension.

(1) The approval of a security guard training school may be suspended for causes including, but not be limited to: violation of any of the provisions of article 7-A of the General Business Law, and/or applicable rules and regulations as set forth in this Part; the commissioner determines that there are defects in business practices; the security guard training school owner, director, and/or co-director is charged with a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of the school, or, in the discretion of the commissioner, bears on the integrity of the division; the security guard training school application contained a material false statement or omission, the truth or inclusion of which would have resulted in denial of the application pursuant to this Part; or any other cause for which the commissioner deems the suspension necessary.

(2) The commissioner may, but is not required to, send the security guard training school, via certified mail, a written a notice to cure in response to paragraph (1) of this subdivision. Upon receipt of such notice, the approval of such security guard training school shall be suspended and such school shall not operate as an approved security guard training school and shall not conduct any security guard training course or courses.

(3) No later than 15 days of the receipt of said notice, the security guard training school owner may address the concerns raised. The security guard training school owner 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 approval of the security guard training school.

(4) Where the security guard training school owner, director, and/or co-director has been charged with a felony or misdemeanor, the commissioner shall send the security guard training school, via certified mail, a written notice of suspension pending the disposition of the case. Upon receipt of such notice, the approval of such security guard training school shall be suspended and such school shall not operate as an approved security guard training school and it shall not conduct any security guard training course or courses.

(5) A suspended security guard training school approval may be reissued only by the commissioner.

(c) Revocation.

(1) The approval of a security guard training school may be revoked for causes including, but not be limited to: violation of any of the provisions of article 7-A of the General Business Law, and/or applicable rules and regulations as set forth in this Part; the commissioner determines that there are defects in business practices; the security guard training school owner, director, and/or co-director is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of the school, or, in the discretion of the commissioner, bears on the integrity of the division; the security guard training school application contained a material false statement or omission, the truth or inclusion of which would have resulted in denial of the application pursuant to this Part; a school, after receipt of a notice of suspension, continues to conduct security guard training courses or holds itself out to be an approved security guard training school; or any other cause for which the commissioner deems the revocation necessary.

(2) The commissioner shall send the security guard training school owner, via certified mail, a written notice of his or her intent to revoke the approval of such security guard training school and the reasons for such action. Upon receipt of such notice, the approval of such security guard training school shall be suspended, or will remain suspended, and such school shall not operate as an approved security guard training school and shall not conduct any security guard training course or courses.

(3) Within 15 days of the receipt of said notice, the security guard training school owner may forward a written request to the commissioner for a hearing to be held by the council to consider the revocation of the security guard training school approval. The commissioner shall forward the request to the council. The failure of the security guard training school owner to timely request a hearing shall not preclude the commissioner from revoking the approval.

(4) Such hearing shall be held at the next meeting of the council. At least 15 days before the next council meeting, the commissioner shall give to the school owner written notice by mail of the time and place of said meeting wherein a hearing shall be held to consider the revocation of the security guard training school approval. The security guard training school may be represented at the hearing by counsel and may produce any evidence to support its position.

(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 school owner the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council's recommendation. The commissioner, and not the council, shall be responsible for setting any penalty.

(6) A revocation shall remain in effect for at least one year, depending upon factors enumerated in section 6028.3(e) of this Part and other factors, and upon a showing of corrective action.

(d) During an on-site inspection of an approved security guard training school by the commissioner, the commissioner may suspend an approved security guard training school pending revocation if the violation or misconduct warrants such action.

(1) To invoke the suspension, the commissioner shall provide the approved security guard training school with a notice of intent to revoke the approval of such security guard training school and the reasons for such action on a form prescribed by the commissioner.

(2) Upon receipt of such notice, the approval of such security guard training school shall be suspended and such school shall not operate as an approved security guard training school and shall not conduct any security guard training course or courses.

(3) Within 72 hours of the notification, the commissioner shall proceed under the provisions of paragraphs (c)(2)-(5), inclusive, of this section to revoke the school approval.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6028.4

Adopted, New York State Register February 5, 2014/Volume XXXVI, Issue 5, eff. 2/5/2014