19 NYCRR Part 174 - Department of State

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Source versions current through Apr 15, 2022 - Oct 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

19 NYCRR 174.1 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Current section text is not available here.

19 NYCRR 174.2 - Exempt entities

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Public entities shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees who provide guard services as defined in article 7A of the General Business Law and these regulations.

(b)Operators of central security or fire alarm stations, whose employees conduct monitoring and reporting services at the central station to police or fire departments, shall not be required to obtain a license under article 7 of the General Business Law, but shall register employees as required in article 7-A.

(c)Entities exempt from the licensing requirement of article 7 shall comply with all sections of law and regulations with regard to the registration and supervision of security guards, the maintenance of personnel records, and the filing of evidence of liability insurance.

19 NYCRR 174.3 - Earlier source heading: 174.3 to 174.4 [Repealed]

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Current section text is not available here.

19 NYCRR 174.5 - Fingerprint requirement

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)The holder of any license pursuant to article 7 of the General Business Law shall submit the fingerprints of all employees as provided in section 170.2 of this Title, or, if a designation has been made pursuant to section 174.3 of this Part, of those employees within the security guard entity.

(b)Security guard companies not subject to licensure pursuant to article 7 shall submit the fingerprints of all security guard employees. Such fingerprints may be taken by any of the methods set forth in section 170.2 of this Title, or by a designated person who is employed by the security guard company and who has been previously fingerprinted.

(c)Security guard training schools approved by the Division of Criminal Justice Services may submit the fingerprints of potential security guard registrants and of registered security guards. Such fingerprints may be taken by a designated employee of the training school who has been previously fingerprinted.

19 NYCRR 174.6 - Employment as a security guard: due diligence

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Security guard companies shall exercise the following minimum due diligence steps to determine the qualification of an applicant for employment as a security guard:

(a)When the potential guard employee is already registered by the Secretary of State:

(1)Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.

(2)Company will examine the registration card and record the identification number on the employee statement.

(3)Company will call or contact the licensing guard registry and will:

(i)verify the validity of the registration card; and

(ii)confirm training status and determine:

(a)if on-the-job training has been satisfactorily completed;

(b)when the annual in-service training course is due; and

(c)in the case of an armed guard, when the annual armed in-service training is due;

(iii)record guard registry transaction number and date on the employee personnel file.

(4)Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment”.

(b)When the potential guard employee has an application for registration pending which was submitted by another company:

(1)Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.

(2)Company will examine the temporary registration card issued by another company to the employee applicant and attach copy to employee statement.

(3)Company will call or contact the licensing guard registry and will:

(i)verify validity of the pending guard registration application;

(ii)verify that all information necessary for the registration to be issued has been submitted; and

(iii)confirm training status and determine:

(a)if on-the-job training has been satisfactorily completed;

(b)when the annual in-service training course is due; and

(c)in the case of an armed guard, when the annual armed in-service training is due;

(iv)record guard registry transaction number and date on the employee personnel file;

(v)company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.

(4)Submit to the Department of State, within seven days of employment, by regular mail a “Notice of Employment”.

(c)When the potential guard employee is new to the industry:

(1)Company will have the guard employee applicant complete an employee statement form, as prescribed by the Secretary.

(2)Company will call or contact the licensing guard registry and will:

(i)verify that no application is pending for the potential guard; and

(ii)verify that no prior disqualification of this potential guard has been made.

(3)Record guard registry transaction number and date on the employee personnel file.

(4)Verify identity. Such verification may be made by checking identifying documents such as a State-issued driver's license or State-issued I.D. card with a photograph or a U.S. military card.

(5)Verify prior employment record as indicated on the employee statement form. Such verification may be made by the procurement and filing of reference letters from former employers.

(6)Company will have the guard employee complete an application for a security guard registration, and review criminal history answers to determine eligibility for employment.

(7)Company will verify that all necessary documents are attached to the application:

(i)photo;

(ii)one set of fingerprints of the guard applicant on standard fingerprint cards approved by the division;

(iii)[Reserved]

(iv)certification that the guard applicant has satisfactorily completed the preassignment training, and armed guard training where applicable;

(v)fees as prescribed in section 89-h of article 7A of the General Business Law;

(vi)a certification that the company has exercised due diligence to verify as true the information contained in the employee statement; and

(vii)a completed “Notice of Employment”.

(8)Company will issue the guard employee a temporary registration card on a form prescribed by the Secretary.

19 NYCRR 174.7 - Notice of employment

Source version current through Oct 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Oct 15, 2022

All employers shall provide information on the employment of security guards to the Department of State on a notice of employment form.

(a)Notice of employment forms contained on the original application for security guard registration may be filed without additional fee.

(b)Notice of employment forms filed subsequent to the original registration application shall be accompanied by a $25 filing fee.

19 NYCRR 174.8 - Earlier source heading: 174.8 to 174.9 [Repealed]

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Current section text is not available here.

19 NYCRR 174.10 - Disqualifying disability

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

A disqualifying disability shall mean: having a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence on alcohol or drugs which, as determined by the department, renders the applicant unable to perform the essential functions of the security guard positions, with or without reasonable accommodation, or who, as determined by the department poses a direct threat to health or safety.

19 NYCRR 174.11 - Investigation waiver

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

The department may after consultation with the Division of Criminal Justice Services waive background investigation and applicable fees if it determines that the security guard company or a security guard applicant submitting the application has been subject to such a background investigation requirement which meets or exceeds the requirements of article 7 or article 7A of the General Business Law. The department shall not be required to initiate background investigations for applicants who are also employed as police officers or as peace officers, and who have fingerprints on file with the Division of Criminal Justice Services.

19 NYCRR 174.12 - Security guard registration

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)All individuals hired on or after January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law.

(b)All individuals hired prior to January 1, 1994 as security guards in New York State shall be registered in accordance with the provisions of article 7A of the General Business Law within a 24-month period.

(1)Those individuals hired prior to January 1, 1994 in an even year shall be registered during the calendar year 1994 by the anniversary date of their hiring.

(2)Those individuals hired prior to January 1, 1994 in an odd year shall be registered during the calendar year 1995 by the anniversary date of their hiring.

19 NYCRR 174.13 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Current section text is not available here.

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