2/5/14 N.Y. St. Reg. CJS-44-13-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 6028 and addition of new Part 6028 to Title 9 NYCRR.
Statutory authority:
Executive Law, sections 837(13), 841-b(1) and 841-c(2)
Subject:
Approved security guard training schools.
Purpose:
Increase the minimum qualifications for approval and establish additional clear and specific requirements for such approval.
Text or summary was published
in the October 30, 2013 issue of the Register, I.D. No. CJS-44-13-00002-P.
Final rule as compared with last published rule:
No changes.
Text of 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, (518) 485-0857, email:
Natasha.Harvin@dcjs.ny.govInitial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2017, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
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 was 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 revisions, which were endorsed by the Security Guard Advisory Council, will increase the minimum qualifications for approval as a security guard training school, and establish additional clear and specific requirements for such approval.
One comment was received after the comment period, but the Division accepted it. Firearms Tactics and Training, Inc. raised the following concern:
this proposal requests student primary and secondary identification. Shouldn’t it read: primary OR secondary identification? I couldn’t imagine a Valid Driver’s License not being good enough Identification [sic].
Section 6028.6(e) provides, “[t]he school owner, director, and, if applicable, co-director, shall retain lesson plans, class rosters, examination papers, student primary and secondary identification and all other appropriate records ****.” (emphasis supplied). The “and” signifies that both types of identification must be retained. However, both types do not need to be presented. As noted in section 6028.6(f), “[p]rimary identification includes one of the following: (1) valid driver's license; (2) valid United States passport; (3) current government ID; or (4) current Military ID. Secondary identification includes a social security card plus one of the following: (1) employer ID; (2) student photo ID; or (3) other similar photo ID.”
Accordingly, and based upon the assessment of the foregoing comment, no changes were made.
