§ 69-o. License after examination; application. 1. After successfully passing the designated examination, any person over the age of eighteen years, desiring a license to engage in the business of installing, servicing or maintaining security or fire alarm systems under this article, may make application to the secretary of state therefor. The application shall be subscribed by the applicant and affirmed by him as true under the penalties of perjury. The application shall be in such form and shall contain such information relative to the applicant and his qualifications as may be prescribed by the secretary of state. Each application shall be accompanied by:(a) Two recent photographs of the applicant of a size prescribed by the secretary of state and two sets of fingerprints of the applicant to be recorded in such manner as the secretary of state may prescribe by rule. The fingerprints shall be taken on a standard fingerprint card approved for fingerprinting by the state division of criminal justice services and shall be accompanied by the appropriate processing fees in proper form for the division of criminal justice services;
(b) Evidence of education satisfactory to the secretary of state which shall include evidence of the successful completion of a course of study in a school duly licensed pursuant to the education law or approved by the board of regents as a school qualified to instruct students in the field of security or fire alarm systems or can demonstrate to the satisfaction of the secretary of state that he has successfully completed an approved industry sponsored training program; and
(c) Evidence of having successfully passed the required examination. 2. After the filing of an applicant's fingerprint cards, the secretary of state shall forward such fingerprints to the division of criminal justice services to be compared with the fingerprints on file with the division of criminal justice services in order to ascertain whether the applicant has been convicted of a felony involving fraud, bribery, perjury or theft pursuant to article one hundred forty, one hundred fifty-five, one hundred sixty, one hundred sixty-five, one hundred seventy, one hundred seventy-five, one hundred seventy-six, one hundred eighty, one hundred eighty-five, one hundred ninety, one hundred ninety-five, two hundred or two hundred ten of the penal law; or has a criminal action which has been pending for such a felony for under one year without a final disposition unless adjourned in contemplation of dismissal; provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such:
(a) A conviction which has been vacated and replaced by a youthful offender finding pursuant to article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or
(b) A conviction the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; or
(c) A conviction for which a certificate of relief from disabilities or a certificate of good conduct has been issued pursuant to the correction law. The division of criminal justice services shall retain the fingerprint cards and return the report of such convictions or pending cases, if any, to the secretary of state who shall retain them in a confidential file for no more than one year, after which time such report shall be destroyed. The secretary of state shall deny the application of any individual convicted of a felony involving fraud, bribery, perjury or theft pursuant to article one hundred forty, one hundred fifty-five, one hundred sixty, one hundred sixty-five, one hundred seventy, one hundred seventy-five, one hundred seventy-six, one hundred eighty, one hundred eighty-five, one hundred ninety, one hundred ninety-five, two hundred or two hundred ten of the penal law; or has a criminal action which has been pending for such a felony for under one year without a final disposition unless adjourned in contemplation of dismissal; provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such:
(i) A conviction which has been vacated and replaced by a youthful offender finding pursuant to article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or
(ii) A conviction the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; or
(iii) A conviction for which a certificate of relief from disabilities or a certificate of good conduct has been issued pursuant to the correction law. 3. The secretary of state shall prepare question papers which shall be the same for all applications at any given examination. The questions may be partly written and partly oral and shall not be confined to any specific method or system. In addition, a portion of the examination may include testing of practical skills through various exercises. No person shall receive a license hereunder who has not actually demonstrated to the secretary of state his ability and fitness to engage in the business of installing, servicing or maintaining security or fire alarm systems in such practical tests as may be required by the secretary of state. 4. Examinations shall be in the English language and shall be held at least quarterly and shall be given in at least four convenient places in the state. 5. There shall be an examination fee of fifteen dollars. 6. When an applicant has successfully passed the examination therefor, and has otherwise qualified for a license, the secretary of state on payment of the fee prescribed by this article, shall issue to such applicant a license to engage in the business of installing, servicing or maintaining security or fire alarm systems.
