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Every applicant for a license or certificate of competence issued pursuant to this chapter shall submit to investigation as directed by a governmental entity in order to determine the applicant's character and fitness and in accordance with the rules of the department. The applicant shall furnish the department with payment for the actual cost of conducting the background investigation. Failure to provide all requested and completed documents or any other information necessary for completion of the investigation in a timely fashion will constitute an incomplete application and will result in a denial of the license or certificate of competence.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Applicants for licenses issued pursuant to this chapter shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services.
1. The applicant shall pay a processing fee as required and in a form and manner as prescribed by the state division of criminal justice services. Fingerprints shall be taken of the individual seeking licensure in the form and manner as prescribed by the division of criminal justice services; the owner, if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership; and the officers, principals, directors, and stockholders owning more than 10 percent of the outstanding stock of the corporation, if the applicant is a corporation.
2. Any person required to be fingerprinted hereunder shall furnish to the department three current passport-sized photographs of such person.
3. Notwithstanding paragraph (1) above, an applicant may submit, in lieu of such fingerprints, copies of submissions to any federal, state or local regulatory entity containing information comparable to that required by the department, provided that the department may require fingerprinting and disclosure pursuant to such paragraph where it finds that it has not received sufficient information or information that is comparable to department requirements.
4. Any person authorized by the department to request a check of criminal history information shall comply with the provisions of article 23a of the New York state correction law and all other applicable laws. If an applicant has been convicted of a crime, any decision regarding such applicant's fitness for a license or certificate of competence issued pursuant to this chapter must be made upon consideration of sections 701 - 703-b (article 23) and sections 751 - 753 (article 23-a) of the New York state correction law.
5. The department shall authorize the director of the licensing backgrounds unit and a licensing unit attorney to review the criminal history record information disseminated by the division.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Except as noted otherwise for a particular license, or exempted by the commissioner pursuant to rule, prior to the issuance of a license, or during the renewal thereof, the applicant shall file with the department satisfactory evidence of a commercial general liability insurance policy in the amount of $1,000,000 or such other amount as the commissioner may require together with satisfactory evidence of compliance with the workers' compensation law and the disability benefits law. Required insurance shall be maintained for the duration of the license and any changes in coverage, insurance renewals, or policy status shall be provided to the department in accordance with department rules.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Editor's note: this section has been amended by L.L. 2024/128, 12/21/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/128.
The commissioner shall issue a license or certificate of competence to each applicant who shall have submitted satisfactory evidence of his or her qualifications, and shall have satisfactorily passed all required examinations and investigations, provided that no license or certificate of competence shall be issued unless and until the applicant shall have paid the required fee and complied with such other and further requirements for the particular license or certificate of competence as may be set forth in this chapter and in rules promulgated by the department. All licenses or certificates of competence issued by the commissioner shall have his or her signature affixed thereto; but the commissioner may authorize any subordinate to affix such signature. For licenses that require the application of a seal, the seal shall be issued with the license except as provided otherwise in this chapter. The license and seal are the property of the department and are not transferable by the licensee. No licensee shall make or cause to be made duplicates of a department-issued license or seal. The loss or theft of a license or seal must be reported to the department within five calendar days.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2024/128.
Except as otherwise provided in this code or by rule, all licenses issued by the commissioner shall expire three (3) years from the date of issuance thereof, and may be renewed every three (3) years thereafter without examination. The commissioner shall have authority to stagger the issuance of licenses for three-year terms. The term of an elevator agency technician license issued in accordance with the provisions of article 425 of this chapter shall be two (2) years.
(Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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