N.Y. Executive Law Section 534-M
Security officer


1.

No person shall act as a security officer within the port of New York district in this state without first having obtained a license from the commission or previously, from the bi-state commission, and no person shall employ a security officer who is not so licensed.

2.

A license to act as a security officer shall be issued only upon written application, duly verified, which shall state the following:

(a)

The full name, residence, business address (if any), place and date of birth and social security number of the applicant;

(b)

The present and previous occupations of the applicant, including the places where the person was employed and the names of the person’s employers;

(c)

The citizenship of the applicant and, if the person is a naturalized citizen of the United States, the court and date of naturalization; and

(d)

Such further facts and evidence as may be required by the commission to ascertain the character, integrity and identity of the applicant.

3.

No such license shall be granted:

(a)

Unless the commission shall be satisfied that the applicant possesses good character and integrity;

(b)

If the applicant has, without subsequent pardon, been convicted by a court of the United States or of any state or territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any crime punishable by death or imprisonment for a term exceeding one year or any of the misdemeanors or offenses described in paragraph (b) of subdivision three of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article;

(c)

Unless the applicant shall meet such reasonable standards of physical and mental fitness for the discharge of a security officer’s duties as may from time to time be established by the commission;

(d)

If the applicant shall be a member of any labor organization which represents longshore workers or pier superintendents or hiring agents; but nothing in this section shall be deemed to prohibit security officers from being represented by a labor organization or organizations which do not also represent longshore workers or pier superintendents or hiring agents. The American Federation of Labor and Congress of Industrial Organizations and any other similar federation, congress or other organization of national or international occupational or industrial labor organizations shall not be considered an organization which represents longshore workers or pier superintendents or hiring agents within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshore workers or pier superintendents or hiring agents;

(e)

If the applicant knowingly or willfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy.

4.

When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed by this section and regulations issued pursuant thereto, the commission shall issue and deliver a license to the applicant. The commission may issue a temporary permit to any applicant for a license under the provisions of this section pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of six months.

5.

A license granted pursuant to this section shall continue for a term of three years. A license may be renewed by the commission for successive three-year periods upon fulfilling the same requirements as set forth in this section for an original application.

6.

Notwithstanding any provision set forth in this section, a license to act as a security officer shall continue and need not be renewed, provided the licensee shall, as required by the commission:

(a)

Submit to a medical examination and meet the physical and mental fitness standards established by the commission pursuant to paragraph (c) of subdivision three of this section;

(b)

Complete a refresher course of training; and

(c)

Submit supplementary personal history information.

7.

Any license issued pursuant to this section may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses:

(a)

Conviction of a crime or other cause which would permit or require the person’s disqualification from receiving a license upon original application;

(b)

Fraud, deceit or misrepresentation in securing the license; and

(c)

Any other offense described in paragraphs (c), (d), (e), (f), (g), (h), and

(i)

of subdivision seven of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article.

8.

The commission shall, at regular intervals, cancel the license or temporary permit of a security officer who shall have failed during the preceding twelve months to have worked as a security officer in the port of New York district a minimum number of hours as shall have been established by the commission, except that immediate restoration of such license or temporary permit shall be made upon proper showing that the failure to so work was caused by the fact that the licensee or permittee was engaged in the military service of the United States or was incapacitated by ill health, physical injury or other good cause.

9.

Any applicant for security officer ineligible for a license by reason of the provisions of paragraph (b) of subdivision three of this section may petition for and the commission may issue an order removing the ineligibility. A petition for an order to remove ineligibility may be made to the commission before or after the hearing required by § 534-N (Hearings, determinations and review)section five hundred thirty-four-n of this article. * NB Effective June 30, 2024

Source: Section 534-M — Security officer, https://www.­nysenate.­gov/legislation/laws/EXC/534-M (updated May 3, 2024; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
May 3, 2024

§ 534-M’s source at nysenate​.gov

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