N.Y. Comp. Codes R. & Regs. tit. 9 § 6029.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6029.6 - Term and renewal of certifications

(a) An instructor certification granted by the commissioner in accordance with this Part shall be valid only in the possession of the instructor to which it is issued for a term of five years from the date of issuance, unless revoked by the commissioner pursuant to section 6029.7 of this Part prior to its expiration.

(b) An instructor certification granted by the commissioner in accordance with this Part may be renewed if the instructor continues to meet criteria established by the commissioner. The council or the commissioner may visit any security guard training school and conduct an evaluation of the instructor applicant.

(c) The certified instructor must submit no more than 60 nor less than 30 days prior to the expiration date of the instructor certification a completed security guard instructor renewal application form prescribed by the commissioner for instructor of security guard courses and an application fee as determined by the schedule of fees prescribed by the commissioner in section 6029.9 of this Part.

(d) An instructor certification which was not renewed or which expired may be reissued only in a manner prescribed by the commissioner.

(e) The certification of a security guard instructor may not be renewed for causes including, but not be limited to: the 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 the instruction provided by a certified instructor ; the instructor is convicted of a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of an approved security guard training school; or in the discretion of the commissioner, conduct of the instructor bears on the integrity of the division; the security guard instructor application contained a material false statement or omission, the truth or inclusion of which would have resulted in denial of the application pursuant to this Part; or any other cause for which the commissioner deems the denial of renewal necessary. Where the instructor has been charged with a felony or misdemeanor, the act of the commissioner to grant or deny renewal shall be suspended pending the disposition of the case.

(f) The commissioner shall send the instructor, via certified mail, a written notice of his or her intent to deny the renewal of the certification and the reasons for such action.

(g) Within 15 days of the receipt of said notice, the instructor may forward a written request to the commissioner for a hearing to be held by the council to consider the denial of the 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 denying the renewal of the certification.

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

(i) The hearing shall be conducted in accordance with the provisions of the State Administrative Procedure Act. Following deliberation, and in accordance with the open meetings law established by article 7 of the Public Officers Law, the council shall submit its recommendation to the commissioner. Following receipt of the council's recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the 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.

(j) A denial shall remain in effect for at least one year following the decision, depending upon factors enumerated in sections 6029.3(c) and 6029.5(c) of this Part and other factors, and upon a showing of corrective action.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6029.6

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