Title 19 Part 170

When employed by a security guard company, an off-duty peace officer must comply with the registration and fingerprinting provisions of General Business Law, article 7-A. The peace officer must also comply with the training provisions of General Business Law, section 89-n subject to that section's special exceptions for peace officers.

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.

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.

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.

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:

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.

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.”

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.