89-H - Requirements for a registration card.

§  89-h.  Requirements  for  a  registration  card.  To  qualify for a  registration card to perform  security  guard  functions,  an  applicant  shall fulfill the following requirements:    1.  Application:  file  an application with the department sworn to or  affirmed by the applicant in such form and  including  such  information  and attachments as may be prescribed or requested by the department upon  consultation  with the security guard advisory council including but not  limited to the character and fitness, competence and employment  history  of the applicant;    2.  Training: file a certificate with the department certifying either  that the applicant has satisfactorily completed a minimum of eight hours  of pre-assignment training as prescribed by the division  or  that  such  requirement  has  been  waived  in accordance with section eight hundred  forty-one-c of the executive law;    3. Age: be at least eighteen years of age;    4. Citizenship: be a citizen or resident alien of the United States;    5. Criminal record: not have been convicted of a serious  offense,  or  of  a  misdemeanor  in  the  state  or  of  any  offense  in  any  other  jurisdiction which, if committed  in  this  state,  would  constitute  a  misdemeanor, and which, in the discretion of the secretary, bears such a  relationship to the performance of the duties of a security guard, as to  constitute a bar to employment;    6. Character and fitness: be of good moral character and fitness;    7.  Competence:  not  have  been  declared  by  any court of competent  jurisdiction to be incompetent by reason of  mental  disease  or  defect  which has not been removed;    8. Employment history: not have been discharged from a correctional or  law enforcement agency for incompetence or misconduct as determined by a  court   of   competent  jurisdiction,  administrative  hearing  officer,  administrative law judge, arbitrator, arbitration panel  or  other  duly  constituted  tribunal,  or  resigned from such agency while charged with  misconduct or incompetence; provided however, that an applicant who  has  been  discharged  or  has  resigned  from such agency while charged with  misconduct or incompetency may submit an explanation to  the  department  and request a waiver of this requirement;    9. Disability: 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  position,  with  or  without  reasonable  accommodation,  or   who,   as  determined by the department, poses a direct threat to health or safety;    10.  Fees:  pay  (a) a fee of thirty-six dollars for processing of the  application, investigation of the applicant and for the initial biennial  registration period. Such fees shall be deposited to the credit  of  the  business  and  licensing  services  account  established pursuant to the  provisions of section ninety-seven-y of the state finance law; and (b) a  fee  pursuant  to  subdivision  eight-a   of   section   eight   hundred  thirty-seven  of the executive law, and amendments thereto, for the cost  of the division's full search  and  retain  procedures,  and  a  fee  as  determined  by  the  federal bureau of investigation for the cost of its  fingerprint search procedures, which  fees  shall  be  remitted  by  the  department to the division and federal bureau of investigation; and    11.  Changes:  give  the  department  written  notice, within fourteen  calendar days of occurrence, of any change of circumstances which varies  from the information previously given to the department hereunder.