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NYS Private Investigator
Study Guide
71
Other
Professional
01/13/2011

Additional Other Flashcards

 


 

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Term
“Bail enforcement agent”
Definition
engaging in the business of enforcing the terms and conditions of a person’s release from custody on bail in a criminal proceeding, in-cluding locating, apprehending and returning any such person released from custody on bail who has failed to appear at any stage of a criminal proceeding to answer the charge before the court.
Term
“Watch, guard or patrol agency”
Definition
the business of watch, guard or patrol agency and shall also mean and include, separately or collectively, the furnishing, for hire or reward, of watchmen or guards or private patrolmen or other persons to protect persons or property or to prevent the theft or the unlawful taking of goods, wares and mer-chandise, or to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes or other valuable documents, papers, and articles of value, or to procure the return thereof or the performing of the service of such guard or other person for any of said purposes.
Term
“business of private investigator,”
Definition
shall mean and include any person, firm, limited liabili- ty company, partnership or corporation engaged in the business of private investigator as defined in subdivision one of this section with or without the assistance of any employee or employees
Term
“business of watch, guard or patrol agency”
Definition
shall mean and include any person, firm, limited liability company, partnership or corporation engaged in the business of watch, guard or patrol agency as defined in subdivision two of this section or the business of a security guard company as defined in subdivision five of §89-f of this Chapter with or without the assistance of any employee or employees.
Term
“business of bail enforcement agent”
Definition
shall mean and include any person, firm, company, partnership or corporation engaged in the business of bail enforcement as defined in subdivision 1-a of this section with or without the assistance of any employee or employees.
Term
Department of State
Definition
Licenses PI, Bail Enforcement, Watchguard agencies.
Term
Application Requirements
Definition
full name, age, residences within the past three years, present and previous occupations of each person or individual so signing the same, that each person or individual is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and shall also specify the name of the city, town or village, stating the street and number, if the premises have a street and number, and otherwise such apt description as will rea-sonably indicate the location thereof, where is to be located the principal place of business and the bureau, agency, sub- agency, office or branch office for which the license is desired, and such further facts as may be required by the Department of State to show the good character, competency and integrity of each person or individual so signing such application.
Term
Photographs/Fingerprints for Application
Definition
taken within six months prior thereto in duplicate, in passport size and also two sets of fingerprints of his two hands recorded in such manner as may be specified by the Secretary of State or the Secretary of State’s authorized representative.
Term
Secretary of States Responsibilities
Definition
it shall be the duty of the Secretary of State or the Secretary of State’s authorized representative to forward one copy of such fingerprints to the Division of Criminal Jus-tice Services. Upon receipt of such fingerprints, such division shall for-ward to the Secretary of State a report with respect to the applicant’s pre-vious criminal history, if any, or a statement that the applicant has no pre-vious criminal history according to its files. If additional copies of finger-prints are required the applicant shall furnish them upon request. The Sec-retary shall reveal the name of the applicant to the chief of police and the district attorney of the applicant’s residence and of the proposed place of business and shall request of them a report concerning the applicant’s character in the event they shall have information concerning it. The Sec-retary shall take such other steps as may be necessary to investigate the honesty, good character and integrity of each applicant.
Term
Individual applicant for PI license requirements
Definition
has been regularly employed, for a period of not less than three years, undertaking such investigations as those described as performed by a private investigator in subdivision one of §71 of this article, as a sheriff, police officer in a city or county police department, or the Division of State Police, investigator in an agency of the state, county, or United States government, or employee of a licensed private investigator, or has had an equivalent position and experience or that such person or member was an employee of a police department who rendered service therein as a police officer for not less than twenty years or was an employee of a fire department who rendered service therein as a fire marshal for not less than 20 years.
Term
applicant for a license as watch, guard or patrol agency shall establish to the satisfaction of the Secretary of State
Definition
has been regularly employed, for a period of not less than two years, performing such duties or providing such services as described as those performed or furnished by a watch, guard or patrol agency in subdivision two of §71 of this article, as a sheriff, police officer in a city or county police department, or employee of an agency of the state, county or United States government, or licensed private investigator or watch, guard or patrol agency, or has had an equivalent position and experience; qualifying experience shall have been completed within such period of time and at such time prior to the filing of the application as shall be satisfactory to the Secretary of State
Term
Testing requirements
Definition
proof of having taken and passed a written examination prescribed by the Secretary of State to test their under-standing of their rights, duties and powers as a private investigator and/or watchman, guard or private patrolman, depending upon the work to be performed under the license.
Term
References general requirements
Definition
five years , that such person is honest, of good character and competent, and not related or connected to the person by blood or marriage. Same for non residents
Term
Bail enforcement agent prior work requirements
Definition
3 years work experience doing thr job of a bail enforcement agent or 20 years employment with a police or fire department
Term
Bail Enforcement educational requirements
Definition
complete a basic certification course in training for bail en-forcement agents offered by a provider that is approved by the Secretary of State; or such person or member must have served as a police officer, as that term is defined in subdivision 34 of section 1.20 of the Criminal Pro-cedure Law, for a period of not less than three years. The basic course of training shall include at least 25 hours of training approved by the Secre-tary of State and must include instruction on issues involved with the rights and limitations involving the bailee/fugitive who signs a contract with the bail enforcement agent
Term
Character standards
Definition
The Secretary of State may deny, suspend or revoke the license of a corporation if, at any time, 10 per centum or more of the corporate stock is held by a person who cannot meet the character standard set for an indi-vidual licensee.
Term
Secretary of States Powers
Definition
investigate any violation thereof or to investigate the business, business practices and business methods of any person, firm, limited liability company, partnership or corporation apply-ing for or holding a license as a private investigator, bail enforcement agent or watch, guard or patrol agency, if in the opinion of the Secretary of State such investigation is warranted.shall have the power to subpoena and bring before the officer or person so designated any person in this state and re-quire the production of any books, records or papers which he deems relevant to the inquiry and administer an oath to and take testimony of any person or cause his deposition to be taken, except that any applicant or licensee or officer or agent thereof shall not be entitled to fees and/or mileage.
Term
License Fees
Definition
if the applicant be an individual, of $400 for a license as private investigator or bail enforcement agent $300 for a license as watch, guard or patrol agency, or if the applicant be a firm, partnership, limited liability company or corporation, a fee of $500 for a license as private investigator or bail enforcement agent or a fee of $400 for a license as watch, guard or patrol agency
Term
Article 7 Section 70 General Business Law
Definition
Gives the The department of state the power to issue separate licenses to private investigators, bail nforcement agents and to watch, guard or patrol agencies.
Term
GBL Art 7 Sub 70 #2
Definition
You cannot advertise a PI business without a license
Term
GBL Art 7 Sub 70 #4
Definition
Violation of this section is a class B misdemeanor
Term
Article 7 Sub71 #1-4
Definition
Definitions of PI, Bail Enforcement Agent, Watch guard or patrol agency, business of PI and business of Baile Enforcement agent
Term
GBL Article 7 Sub 72
Definition
Application Requirements
Term
GBL Article 7 Sub 73
Definition
Empowers the Secretary of State to Investigate violations of Article 7 GBL
Term
GBL Article 7 Sub 74
Definition
Sets license fees and bonding requirements
Term
How old must you be to obtain a license for PI Bail Enforcement etc?
Definition
25 years of age
Term
How long is a license good for?
Definition
2 years
Term
How much of a surety bond is required to be a PI etc?
Definition
$10,000 bond
Term
How much of a surety bond does a bail enforcement agent need?
Definition
$500,000
Term
When can a license be revoked?
Definition
At any time
Term
True or False, Convicted Felons cannot hold a PI license
Definition
True
Term
Fees paid to take the examination for PI are deposited in what type of account?
Definition
Business and Licensing account per NYS Finance Law.
Term
Convictions for Drug Distribution, Weapons Possession, Burglary, Criminal Possession of Stolen Property,Aiding Escape from Prison are examples of disqualifying convictions and no license will be granted, True or False
Definition
True
Term
A certificate of Relief from Disabilities, an executive pardon and a certificate of good conduct pursuant to the corrections law enable a person convicted of a disqualifying crime to obtain a license, True or False
Definition
True
Term
The bulletin board at the department of state is updated with what type of information at noon every Friday?
Definition
Applications for, Applications revoked
Term
True or false You can hold a PI license and also hold an employment agency license
Definition
False
Term
A name change on a license costs 150 dollars true or false
Definition
True
Term
An address change on a license costs 5 dollars True or False
Definition
False it costs $10.00
Term
True or false You can hold a PI license and also hold an employment agency license
Definition
False
Term
GBL Article 7 Sub 74a
Definition
Requires a bail enforcement to notify local police before taking someone into custody and shall provide them with the Bail Enforcement agents address, name motor vehicle registration on a form provided by the police.
Term
True or False A police officer may accompany a bail enforcement agent to apprehend a suspect.
Definition
True
Term
GBL Article 7 Sub 75
Definition
deals with the posting and surrender of licenses.
Term
GBL Article 7 Sub 75 requires that the issued license be posted at all times in a conspicuous place with in the business, True or False
Definition
True
Term
GBL Article 7 Sub 76
Definition
Lost certificates or pocket cards
Term
The fee charged to replace a lost certificate or pocket card
Definition
$10.00
Term
GBL Article 7 Sub 77
Definition
Change of address of business
Term
True or False you must notify the Department of State withing 24 hours after changing your place of business and this needs to be done in writing
Definition
True
Term
An application to renew a license must be filed how many weeks prior to the current license expiring?
Definition
6 weeks prior, per GBL section 78
Term
The late filing fee for a license renewal is
Definition
$100.00
Term
Renewals will not be granted if the license has lapsed for more than how many monthhs?
Definition
6 months
Term
GBL Article 7 Sub 78
Definition
Renewal of licenses
Term
GBL Article 7 Sub 78a
Definition
Surrender of licenses
Term
Who must approve the surrender of a license
Definition
secretary of state or their designee
Term
GBL Article 7 Sub 79
Definition
hearings, notifications, reviews
Term
Under section 79 of article 7 GBL thee Secretary of State has the power to
Definition
reprimand a licensee, revoke a license, suspend a license, fine a licensee up to $1000.00
Term

GBL Article 7 Sub 80

Definition

License certificates, pocket cards or badges issued by the Dept of State, License and pocket card will contain photo name and address, badge 3x4 inches  

 

Term
GBL Art Sub 81
Definition
Employees
Term
GBL Art Sub 81
Definition
Employees
employ as many people as you deem necessary, cannot knowingly employ felons, must take employees fingerptints and forward them to secretary of state w/in 24 hrs refers to security guards too
Term
the fine for filing false fingerprints per GBL Art 7 sub 81
Definition
$5000.00
Term
GBL Art 7 Sub 82
Definition
Employees not to divulge information or make false reports, employer held harmless for reporting empployee, misdemeanor
Term
GBL Art 7 Sub 83
Definition
Rules set forth in Art 7 do not apply to police officers, detectives etc
Term
GBL Art 7 Sub 84
Definition
Unlawful Acts: Inciting employee discontent, interfere w/lawful picketing,interfere w/labor organizing,interfering w/strikes, fine is $500, 1 year in jail or both
Term
a private investigator may contract with a local social
services district to furnish or perform services for the location of
absent parents and fathers of children born out of wedlock on a
contingent basis.
True or False
Definition
True
Term
GBL Art 7 Sub 85
Definition
Attorney General prosecutes violations of article 7
Term
GBL Art 7 Sub 86
Definition
Any PI Bail Enforcement Agent Security company is presumed to do so for a fee, compensation, valuable consideration or reward.
Term
GBL Art 7 Sub 87
Definition
Dept of State can employ ageents to enforce this article
Term
GBL Art 7 Sub 88
Definition
Roster of licensees. The department of state shall publish at
least once in each year, a roster of the names and addresses of all
persons, firms, limited liability companies and corporations licensed
under the provisions of this article. A copy of each roster issued by
the department of state shall be mailed by it to any licensee upon
request and without charge.
Term
GBL Art 7 Sub 89
Definition
Inspection by industrial commissioner. All applications, papers
and records on file in the department of state in connection therewith
shall at all times be open for the inspection of the industrial
commissioner of the department of labor and the persons in charge
thereof shall afford every reasonable facility for their examination and
permit copies to be made when required by the industrial commissioner.
Term
GBL Art 7 Sub 89A
Definition
Disposition of fees and other revenue. All fees and other
moneys derived from the operation of this article shall on the fifth day
of each month be paid by the department of state into the state
treasury.
Term
Article 7a GBL
Definition
Security Guard Act
Term
GBL Art 7a Sub 89F
Definition
Definitions- Defines words used in the act
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