19 CRR-NY 174.6NY-CRR
19 CRR-NY 174.6
19 CRR-NY 174.6
174.6 Employment as a security guard: due diligence.
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 CRR-NY 174.6
Current through October 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.