New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter V - Division Of Corporations And State Records
Subchapter C - Private Investigators/watch, Guard And Patrol Agencies/and Bail Enforcement Agents
Part 174 - Security Guard Companies
Section 174.6 - Employment as a security guard: due diligence
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 174.6
Current through Register Vol. 46, No. 12, March 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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