CJS-44-13-00001-P Security Guard Instructor Standards and Qualifications

10/30/13 N.Y. St. Reg. CJS-44-13-00001-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 44

October 30, 2013

RULE MAKING ACTIVITIES

DIVISION OF CRIMINAL JUSTICE SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CJS-44-13-00001-P

Security Guard Instructor Standards and Qualifications

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Repeal of Part 6029; and addition of new Part 6029 to Title 9 NYCRR.

Statutory authority:

Executive Law, sections 837(13), 841-b(1) and 841-c(3)

Subject:

Security guard instructor standards and qualifications.

Purpose:

Increase the standards and qualifications for certification as a security guard training instructor.

Substance of proposed rule (Full text is posted at the following State website:http://www.criminaljustice.ny.gov):

Executive Law section 841-c(3) authorizes the Commissioner of the Division of Criminal Justice Services (commissioner) to certify and issue appropriate certificates to qualified security guard instructors. Executive Law section 841-b(1)(c) authorizes the Security Guard Advisory Council (council) to recommend to the commissioner rules and regulations with respect to the qualifications for instructors at approved security guard training schools.

The general intent of the proposed amendments is to clarify and enhance existing regulations. The training requirements recommended by the council and adopted by the commissioner are promulgated in 9 NYCRR Parts 6027, 6028, and 6029, with respect to security guard training courses, the approved security guard training schools, and the security guard instructor standards and qualifications. These regulations specify the requirements necessary for the certification of an instructor.

Part 6029 of 9 NYCRR is repealed and a new Part 6029 is added to read as follows:

Summary of Part 6029

Security Guard Instructor Standards and Qualifications

6029.1 Definitions.

Some definitions were clarified. The definitions certified security guard instructor or certified security guard instructor and certified armed security guard instructor or armed security guard instructor were combined into one term. The following definitions were added: division, defects, successfully complete or successfully completed and public entity. The definition security guard supervisor or manager was deleted as it was not used in this Part.

6029.2 Certification of security guard instructor, special security guard instructor and armed security guard instructor.

Header changed to better reflect its content. This section now reads as follows:

Instructor certification for security guard instructor, special security guard instructor and armed security guard instructor may be granted by the commissioner upon demonstration of instructor competency and subject matter expertise and payment of an application fee, in accordance with the minimum requirements established by this Part.

6029.3 Minimum requirements for security guard instructor certification.

This section includes more specific information required or requested by the commissioner prior to certification of a security guard instructor. For instance, the commissioner shall consider additional factors including, but not limited to: whether the applicant has had a security guard, special security guard or armed security guard instructor, or security guard training school application or renewal application denied for cause, or is the instructor at a school where the security guard school application or renewal application of such school has ever been denied for cause pursuant to Part 6028 of this Title, and the date and nature of such denial; whether the applicant has had a security guard, special security guard or armed security guard instructor certification, or security guard training school approval suspended or revoked, or is the instructor at a school where the approval of such school has ever been or is suspended or revoked pursuant to Part 6028 of this Title, and the date and nature of such suspension or revocation; whether the applicant has ever been convicted of a crime, and the date and nature of the offense; and whether there are any criminal charges pending against the applicant.

6029.4 Requirements for special security guard instructor certification.

This section now reads as follows:

Special security guard instructor certification may be granted at the discretion of the commissioner upon written application in cases in which the applicant meets the minimum requirements for security guard instructor certification as set forth in section 6029.3 of this Part and has advanced academic credentials and qualifying experience in addition to having demonstrated technical expertise.

6029.5 Requirements for armed security guard instructor certification.

This section includes more specific information required or requested by the commissioner prior to certification of an armed security guard instructor.

6029.5-A Exemptions.

Provides that some of the requirements for the existing or prospective security guard, special security guard or armed security guard instructor may be waived by the commissioner if the existing or prospective security guard, special security guard or armed security guard instructor is employed with or at a public or private educational institution operating under the purview of the New York State Education Department or an equivalent agency in another jurisdiction, a public entity, an entity employing security guards on a proprietary basis for its own use, or an educational institution conducted on a not-for-profit basis by firms or organizations, provided that such instruction is offered at no charge; or is an employed police or peace officer in good standing.

6029.6 Term and renewal of certifications.

This section has been expanded to include reasons which the certification of a security guard instructor may not be renewed and provides for an opportunity for a hearing. This section also clarifies that an instructor certification shall be valid only in the possession of the instructor to which it is issued and that a completed Security Guard Instructor Renewal Application form must be submitted no more than sixty nor less than thirty days prior to the expiration date of the instructor certification.

6029.7 Suspension and revocation of certification.

Header changed to better reflect its content. This section includes reasons which the commissioner can suspend the certification of a security guard and provides for an opportunity to cure. This section also includes additional reasons which the commissioner can revoke a certification: the commissioner determines that there are defects in the instruction provided by a instructor; the instructor is charged with a felony or misdemeanor and the conduct constituting the offense was performed in the name of or in behalf of an approved security guard training school, or, in the discretion of the commissioner, the conduct of the instructor bears on the integrity of the division; the security guard instructor application contained a material false statement or omission, the truth or inclusion of which would have resulted in denial of the application pursuant to this Part; or any other cause for which the commissioner deems the revocation necessary. In addition, section 6029.7(c) of the existing regulations provides, “Within 30 days of the receipt of said notice, the individual may forward a written request to the commissioner, for a hearing to be held by the council to determine whether the certification should be revoked.” This was revised to read “Within fifteen (15) days.” Furthermore, this section states that the hearing shall be held at the next meeting of the council, and clarifies that the hearing shall be conducted in accordance with the provisions of the state administrative procedure act and that following deliberation, and in accordance with the open meetings law, the council shall submit its recommendation to the commissioner. Following receipt of the council's recommendation, and within 90 days of the date of the hearing, the commissioner shall forward to the individual the decision and the reasons given for such decision. The commissioner makes the final decision, notwithstanding the council’s recommendation. The commissioner, and not the council, shall be responsible for setting any penalty. A revocation shall remain in effect for at least one year following the decision, depending upon factors enumerated in sections 6029.3(c) and 6029.5(c) of this Part and other factors, and upon a showing of corrective action. Moreover, during an on-site inspection of an approved security guard training school by the commissioner, the commissioner may suspend an instructor certification pending revocation if the violation or misconduct warrants such action.

6029.8 Conducting a security guard training course.

This section was added for clarification.

6029.9 Schedule of fees.

This section provides that the initial application fee for security guard instructor certification, special security guard instructor certification, or armed security guard instructor certification is $500.00.

Text of proposed rule and any required statements and analyses may be obtained from:

Natasha M. Harvin, NYS Division of Criminal Justice Services, Alfred E. Smith Office Building, South Swan Street, Albany, NY 12210, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: Executive Law (EL) sections 837 (13), 841-b(1) and 841-c (3). EL § 841-b(1) authorizes the Security Guard Advisory Council (Council) to recommend to the Commissioner of the Division of Criminal Justice Services (Commissioner) rules and regulations with respect to, among other things, the minimum qualifications for instructors at approved security guard training schools. EL § 841-c(3) authorizes the Commissioner to certify, as qualified, instructors of security guards and issue appropriate certificates to such instructors. EL § 837(13) authorizes the Division of Criminal Justice Services (Division) to adopt, amend or rescind regulations “as may be necessary or convenient to the performance of the functions, powers and duties of the [D]ivision.”

2. Legislative objectives: The training requirements recommended by the Council, and adopted by the Commissioner, are promulgated in 9 NYCRR Parts 6027, 6028 and 6029, with respect to security guard training courses, the approved security guard training schools, and the security guard instructor standards and qualifications. These regulations specify the requirements necessary for the certification of an instructor. The general intent of the proposed amendments is to clarify and enhance existing regulations.

3. Needs and benefits: The Security Guard Act of 1992 requires the registration and training of security guards in New York State. The Division provides administrative oversight for mandated security guard training. It has been determined that the integrity of the Security Guard Program demands that those involved in the training of security guards be held to high ethical standards and that students be trained in accordance with applicable laws, rules and regulations, Division requirements, and policies and procedures. The proposed revisions, which are endorsed by the Council, will increase the standards and qualifications for certification as a security guard training instructor.

The proposed rule requires that each applicant requesting security guard instructor certification shall:

(1) satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Commissioner, including but not limited to the following:

(i) possess a high school diploma or its equivalent;

(ii) possess standards of good character, integrity, and trustworthiness; and

(iii) be an officer, member, or principal currently licensed by the Department of State as a private investigator; watch, guard or patrol agency; or armored car carrier agency; or

(iv) maintain a valid security guard registration card issued by the Department of State; or

(v) maintain a valid armed security armored car guard registration card issued by the Department of State; or

(vi) be employed as police or peace officer in good standing.

Additionally, these regulations include more specific information required or requested by the Commissioner prior to certification of a security guard instructor. For instance, the Commissioner shall consider additional factors including, but not limited to: whether the applicant has had a security guard, special security guard or armed security guard instructor, or security guard training school application or renewal application denied for cause, or is the instructor at a school where the security guard school application or renewal application of such school has ever been denied for cause, and the date and nature of such denial; whether the applicant has had a security guard, special security guard or armed security guard instructor certification, or security guard training school approval suspended or revoked, or is the instructor at a school where the approval of such school has ever been or is suspended or revoked, and the date and nature of such suspension or revocation; whether the applicant has ever been convicted of a crime, and the date and nature of the offense; and whether there are any criminal charges pending against the applicant.

Furthermore, these regulations require the certified instructor to adhere to and engage in proper business practices; and ensure that the security guard training course is compliant with applicable laws, rules and regulations, Division requirements, and policies and procedures.

4. Costs:

a. Costs to regulated parties for the implementation of and continuing compliance with the rule: The current rule established a $500 initial security guard instructor application fee and a $250 security guard instructor renewal fee. These fees will remain the same under the proposed amendments.

The proposed rule requires that each applicant requesting security guard instructor certification shall:

(1) satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Commissioner, including but not limited to the following:

(i) possess a high school diploma or its equivalent;

(ii) possess standards of good character, integrity, and trustworthiness; and

(iii) be an officer, member, or principal currently licensed by the Department of State as a private investigator; watch, guard or patrol agency; or armored car carrier agency; or

(iv) maintain a valid security guard registration card issued by the Department of State; or

(v) maintain a valid armed security armored car guard registration card issued by the Department of State; or

(vi) be employed as police or peace officer in good standing.

For instance, pursuant to Article 7-A of the General Business Law (GBL), in order to qualify for a security guard registration card, GBL § 89-h(10) requires the payment of: (1) a fee of $36 to the Department of State (DOS) for processing of the application, investigation of the applicant and for the initial biennial registration period; and (2) a fee of $75 to the Division pursuant to section 837(8-a) of the Executive Law for the cost of the search of the Division’s criminal history records and the return of a report thereon to DOS. Thus, if a security guard training instructor does not already possess a valid registration card, the rule will impose a cost of $111 for compliance.

However, the process to become a registered guard is affordable and a registration card is easily attainable if there is no criminal background. Further, this requirement will ensure that security guard training instructors, who will have access to students’ sensitive personally identifiable information, have gone through a background check.

The remaining requirements are oversight in nature; any associated costs are expected to be negligible.

b. Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. Regulatory oversight will be accomplished using existing resources.

c. The information, including the source(s) of such information and the methodology upon which the cost analysis is based: The fees associated with obtaining a security guard registration card are set forth in GBL § 89-h.

5. Local government mandates: The proposed rule does not apply to local governments.

6. Paperwork: Under the proposed rule, during an on-site inspection of an approved security guard training school by the Commissioner, the Commissioner may suspend an instructor certification pending revocation if the violation or misconduct warrants such action. To invoke the suspension, the Commissioner shall provide the instructor with a notice of intent to revoke the instructor certification and the reasons for such action on a form.

7. Duplication: This proposal does not duplicate any other existing State or federal requirements.

8. Alternatives: Maintaining the current instructor certification requirements was considered, but rejected because security guards play an integral role in the security and safety of the citizens of New York State, and the integrity of the Security Guard Program demands that those involved in the training of security guards be held to high ethical standards.

9. Federal standards: There are no applicable federal standards.

10. Compliance schedule: Regulated parties are expected to be able to comply as soon as this regulation is adopted.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with this rulemaking because the proposed rule does not apply directly to small businesses and local governments and, therefore, will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The proposed rule seeks to increase the standards and qualifications for certification as a security guard training instructor.

The Security Guard Act of 1992 requires the registration and training of security guards in New York State. The Division of Criminal Justice Services (Division) provides administrative oversight for mandated security guard training. It has been determined that the integrity of the Security Guard Program demands that those involved in the training of security guards be held to high ethical standards and that students be trained in accordance with applicable laws, rules and regulations, Division requirements, and policies and procedures. The proposed revisions, which are endorsed by the Security Guard Advisory Council, will increase the standards and qualifications for certification as a security guard training instructor.

The proposed rule requires that each applicant requesting security guard instructor certification shall:

(1) satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Commissioner of the Division of Criminal Justice Services (Commissioner), including but not limited to the following:

(i) possess a high school diploma or its equivalent;

(ii) possess standards of good character, integrity, and trustworthiness; and

(iii) be an officer, member, or principal currently licensed by the Department of State as a private investigator; watch, guard or patrol agency; or armored car carrier agency; or

(iv) maintain a valid security guard registration card issued by the Department of State; or

(v) maintain a valid armed security armored car guard registration card issued by the Department of State; or

(vi) be employed as police or peace officer in good standing.

Additionally, these regulations include more specific information required or requested by the Commissioner prior to certification of a security guard instructor. For instance, the Commissioner shall consider additional factors including, but not limited to: whether the applicant has had a security guard, special security guard or armed security guard instructor, or security guard training school application or renewal application denied for cause, or is the instructor at a school where the security guard school application or renewal application of such school has ever been denied for cause, and the date and nature of such denial; whether the applicant has had a security guard, special security guard or armed security guard instructor certification, or security guard training school approval suspended or revoked, or is the instructor at a school where the approval of such school has ever been or is suspended or revoked, and the date and nature of such suspension or revocation; whether the applicant has ever been convicted of a crime, and the date and nature of the offense; and whether there are any criminal charges pending against the applicant.

Furthermore, these regulations require the certified instructor to adhere to and engage in proper business practices; and ensure that the security guard training course is compliant with applicable laws, rules and regulations, Division requirements, and policies and procedures.

Accordingly, based on the foregoing, it is evident that this rule imposes neither an adverse economic impact nor a recordkeeping requirement on small businesses and local governments.

Rural Area Flexibility Analysis

A rural area flexibility analysis is not submitted with this rulemaking because the proposed rule will not impose any adverse economic impact on rural areas or reporting, record keeping or other compliance requirements on public or private entities in rural areas. The proposed rule seeks to increase the standards and qualifications for certification as a security guard training instructor.

The Security Guard Act of 1992 requires the registration and training of security guards in New York State. The Division of Criminal Justice Services (Division) provides administrative oversight for mandated security guard training. It has been determined that the integrity of the Security Guard Program demands that those involved in the training of security guards be held to high ethical standards and that students be trained in accordance with applicable laws, rules and regulations, Division requirements, and policies and procedures. The proposed revisions, which are endorsed by the Security Guard Advisory Council, will increase the standards and qualifications for certification as a security guard training instructor.

The proposed rule requires that each applicant requesting security guard instructor certification shall:

(1) satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Commissioner of the Division of Criminal Justice Services (Commissioner), including but not limited to the following:

(i) possess a high school diploma or its equivalent;

(ii) possess standards of good character, integrity, and trustworthiness; and

(iii) be an officer, member, or principal currently licensed by the Department of State as a private investigator; watch, guard or patrol agency; or armored car carrier agency; or

(iv) maintain a valid security guard registration card issued by the Department of State; or

(v) maintain a valid armed security armored car guard registration card issued by the Department of State; or

(vi) be employed as police or peace officer in good standing.

Additionally, these regulations include more specific information required or requested by the Commissioner prior to certification of a security guard instructor. For instance, the Commissioner shall consider additional factors including, but not limited to: whether the applicant has had a security guard, special security guard or armed security guard instructor, or security guard training school application or renewal application denied for cause, or is the instructor at a school where the security guard school application or renewal application of such school has ever been denied for cause, and the date and nature of such denial; whether the applicant has had a security guard, special security guard or armed security guard instructor certification, or security guard training school approval suspended or revoked, or is the instructor at a school where the approval of such school has ever been or is suspended or revoked, and the date and nature of such suspension or revocation; whether the applicant has ever been convicted of a crime, and the date and nature of the offense; and whether there are any criminal charges pending against the applicant.

Furthermore, these regulations require the certified instructor to adhere to and engage in proper business practices; and ensure that the security guard training course is compliant with applicable laws, rules and regulations, Division requirements, and policies and procedures.

Accordingly, based on the foregoing, it is evident that this rule imposes neither an adverse economic impact nor a recordkeeping requirement on public and private entities in rural areas.

Job Impact Statement

1. Nature of impact: Among other things, the proposed rule requires that each applicant requesting security guard instructor certification shall:

(1) satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Commissioner of the Division of Criminal Justice Services (Commissioner), including but not limited to the following:

(i) possess a high school diploma or its equivalent;

(ii) possess standards of good character, integrity, and trustworthiness; and

(iii) be an officer, member, or principal currently licensed by the Department of State as a private investigator; watch, guard or patrol agency; or armored car carrier agency; or

(iv) maintain a valid security guard registration card issued by the Department of State; or

(v) maintain a valid armed security armored car guard registration card issued by the Department of State; or

(vi) be employed as police or peace officer in good standing.

For instance, pursuant to Article 7-A of the General Business Law (GBL), in order to qualify for a security guard registration card, GBL § 89-h(10) requires the payment of: (1) a fee of $36 to the Department of State (DOS) for processing of the application, investigation of the applicant and for the initial biennial registration period; and (2) a fee of $75 to the Division of Criminal Justice Services (Division) pursuant to section 837(8-a) of the Executive Law for the cost of the search of the Division’s criminal history records and the return of a report thereon to DOS. Thus, if a security guard training instructor does not already possess a valid registration card, the rule will impose a cost of $111 for compliance.

However, the process to become a registered guard is affordable and a registration card is easily attainable if there is no criminal background. Further, this requirement will ensure that security guard training instructors, who will have access to students’ sensitive personally identifiable information, have gone through a background check.

2. Categories and numbers affected: The principal category of jobs affected would be instructors who teach the training material to students. It is difficult to estimate the number of jobs at issue, but it is considered to be relatively small.

3. Regions of adverse impact: The proposed rule applies equally throughout the State. However, because a majority of security guard training schools are located in the New York City/Long Island metropolitan area, that area has the greatest likelihood to experience an adverse impact on jobs or employment opportunities.

4. Minimizing adverse impact: The rule provides that the Commissioner may waive some of the requirements for the existing or prospective security guard, special security guard or armed security guard instructor if the existing or prospective security guard, special security guard or armed security guard instructor is employed with or at a public or private educational institution operating under the purview of the New York State Education Department or an equivalent agency in another jurisdiction, a public entity, an entity employing security guards on a proprietary basis for its own use, or an educational institution conducted on a not-for-profit basis by firms or organizations, provided that such instruction is offered at no charge; or is an employed police or peace officer in good standing.

5. Self-employment opportunities: It is apparent from the nature and purpose of the proposal that it will have no substantial adverse impact on self-employment opportunities.