89-vvv. Conditional letter of authority; issuance of registration card; suspension or revocation; renewal. 1. Upon review of the completed application required by section eighty-nine-rrr of this article and after the applicant has met the qualifications of section eighty-nine-qqq of this article, the department shall issue a conditional letter of authority, in a form prescribed by the secretary, to such applicant within five business days after receipt of the completed application. Any such applicant may be employed by an armored car carrier, pending his or her satisfaction of the requirements of section eighty-nine-sss of this article not later than one hundred eighty days after the date of submission of the completed application.
2. Upon review of the completed application required by section eighty-nine-rrr of this article and after the applicant has met the qualifications of section eighty-nine-qqq of this article and satisfied the requirements of section eighty-nine-sss of this article, the department shall issue a registration card, in a form prescribed by the secretary, which shall include the guard's name, photograph, card number, expiration date, and any other information the department deems necessary. The department shall issue or deny issuance of such registration card within ninety days after receipt of a completed application therefor. Denial of a registration card hereunder shall be reviewable by an administrative hearing as set forth in subdivisions two, three, four, five and six of section seventy-nine of this chapter.
3. The secretary may suspend, for a period not to exceed eighteen months, revoke, or refuse to reissue, as the case may be, a conditional letter of authority or registration card issued pursuant to this section, after a hearing pursuant to subdivisions two, three, four, five and six of section seventy-nine of this chapter, for one or more of the following causes:
a. the holder is convicted of a serious offense or a misdemeanor which, in the discretion of the secretary, bears such a relationship to the performance of the duties of an armored car guard, as to constitute a bar to employment;
b. the holder has practiced fraud, deceit or misrepresentation;
c. the holder is in violation of any provisions of this article or the rules and regulations promulgated hereunder; or
d. the possession of a license as an armored car guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
4. Pending the hearing and adjudication on suspension or revocation of a conditional letter of authority or registration card pursuant to the provisions of subdivision three of this section, such conditional letter of authority or registration card may be temporarily suspended, in accordance with the provisions of subdivision four of section eighty-nine-l of this chapter, provided that such subdivision shall be read in such a manner as to apply to armored car carriers or armored car guards as the context requires. The secretary shall revoke a conditional letter of authority or registration card issued to any holder pursuant to this section, after a hearing pursuant to subdivisions two, three, four, five and six of section seventy-nine of this chapter, upon proof that, on or after the date such holder applied for such conditional letter of authority or registration card, the holder was convicted of one or more serious offenses.
5. No conditional letter of authority or registration card may be suspended or temporarily suspended pursuant to this section based upon the fact that a holder is charged with one or more serious offenses, or charged with or convicted of a misdemeanor which, in the discretion of the secretary, bears such a relationship to the performance of the duties of an armored car guard, as to constitute a bar to employment unless:
a. there is a direct relationship between one or more such serious offenses and the conditional letter, registration card or employment of the holder as an armored car guard; or
b. the possession of a conditional letter or registration card by the holder or the employment of the holder as an armored car guard would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
6. The secretary, or the officer designated by the secretary to preside over the hearing pursuant to this section, shall forthwith give written notice of the suspension, revocation or nonrenewal of a conditional letter of authority or registration card, to the holder and the armored car carrier by which the holder was employed at the time of such suspension, revocation or nonrenewal. Any such order may be reviewed in the manner provided by article seventy-eight of the civil practice law and rules.
7. A registration card issued pursuant to subdivision two of this section shall be reissued biennially by the secretary upon timely application therefor and submission of a renewal processing fee of fifty dollars.
Last modified: February 3, 2019