1.1 NY DOS Registration & DCJS Regulation Framework

1.1 NY DOS Registration & DCJS Regulation Framework

Quick Reference: Security guard regulation in New York State operates under a dual-agency framework established by the Security Guard Act of 1992 (Article 7-A of the NY General Business Law). The New York Department of State (DOS) handles licensing, registration cards, and administrative enforcement, while the Division of Criminal Justice Services (DCJS) approves training courses, schools, and instructors.

---

The Dual Regulatory Hierarchy

To work as a security guard in New York State, individuals and their employers must navigate two distinct state agencies. Understanding which agency governs each aspect of the profession is fundamental to regulatory compliance.

1. New York Department of State (DOS) — Division of Licensing Services

The Department of State is the primary administrative and licensing authority. Its responsibilities include:

• Issuing and renewing Security Guard Registration Cards.
• Maintaining the official state central registry of security guards.
• Collecting application fees, renewal fees, and change-of-status notifications.
• Conducting administrative investigations into complaints, violations, or misconduct.
• Exercising disciplinary authority under General Business Law (GBL) § 89-l, including issuing reprimands, fines, suspensions, or license revocations.

2. Division of Criminal Justice Services (DCJS) — Office of Public Safety

The Division of Criminal Justice Services acts as the educational and law enforcement oversight body. Its responsibilities include:

• Developing and standardizing mandatory security guard training curricula.
• Certifying security guard training schools and individual instructors.
• Processing electronic state criminal history record checks.
• Maintaining training completion records submitted by approved schools.
• Formulating guidelines in coordination with the Municipal Police Training Council (MPTC).

---

Statutory Eligibility Requirements

Under General Business Law Article 7-A (the Security Guard Act), an applicant must satisfy specific statutory criteria prior to being issued a security guard registration card:

1. Age Requirement: Must be at least 18 years of age.
2. Citizenship / Work Authorization: Must be a U.S. citizen or a lawful permanent resident holding valid federal work authorization.
3. Character and Fitness: Must be of good moral character and fitness, as evaluated through state and federal background checks.
4. Criminal History Standard: Must not have been convicted of any serious felony or disqualifying misdemeanor offense that bears a direct relationship to the duties of a security guard, unless a Certificate of Relief from Disabilities or Certificate of Good Conduct has been granted under NY Correction Law Article 23-A.
5. Educational Prerequisites: Must have completed the mandatory 8-Hour Pre-Assignment Training Course at a DCJS-approved training school prior to application submission.

---

Electronic Fingerprinting & Background Checks

All prospective security guards in New York State must undergo mandatory state and federal criminal background checks before registration can be granted.

The IdentoGO Process

New York State utilizes IdentoGO (operated by IDEMIA) as its exclusive vendor for electronic fingerprint scanning (Live Scan technology):

• Scheduling: Applicants must schedule an appointment online or by phone using the specific DOS Security Guard Service Code.
• Identification: Applicants must present government-issued photo identification (e.g., NYS Driver License or Passport) at the enrollment center.
• Fee Breakdown: The total electronic fingerprinting fee is approximately $102.35, which covers:
  • DCJS State Criminal History Search Fee.
  • FBI Federal Criminal History Search Fee.
  • Vendor Electronic Scan Processing Fee.
• Direct Transmission: Fingerprint images are transmitted electronically to DCJS and the FBI. Results are routed directly to the DOS Division of Licensing Services for background evaluation.

---

Initial Application Procedure & Fee Structure

Once fingerprinting and the 8-Hour Pre-Assignment Course are complete, the applicant or their employer must submit the official application packet to the DOS.

Application Package Components

1. Form DOS-1206 (Security Guard Application): Fully completed and signed by the applicant.
2. Proof of Training: Certificate of Completion for the 8-Hour Pre-Assignment Training Course issued by a DCJS-certified school.
3. Fingerprint Receipt: Official IdentoGO receipt documenting completed electronic fingerprinting.
4. Application Fee: A non-refundable $36 application fee payable to the NYS Department of State via check, money order, or credit card.
5. DMV Photo Authorization: Consent to pull the applicant's official photograph from the NYS Department of Motor Vehicles (DMV) database for placement on the registration card.

---

Temporary Registration Cards & Employee Statements

To prevent unnecessary delays in employment while permanent registration cards are processed by the DOS, New York law permits temporary working status under strict conditions:

• Employee Statement (Form DOS-1206 / Employer Section): Upon hiring an applicant who has completed fingerprinting and the 8-Hour Pre-Assignment course, the security guard company executes an Employee Statement.
• 90-Day Temporary Status: The applicant may work as a security guard for up to 90 calendar days while the DOS completes background verification and card printing.
• Temporary Receipt: The signed application copy and IdentoGO receipt serve as temporary proof of registration on duty.
• Employer Duty: The employer must verify that the applicant has not been convicted of a disqualifying crime prior to allowing them on post.

---

Biennial Validity & Renewal Protocol

Security guard registration cards in New York State are valid for a period of two years from the date of issuance.

Renewal Requirements

• Renewal Notice (Form DOS-1246): The DOS mails a renewal application to the guard's address of record approximately 60 to 90 days prior to expiration.
• Biennial Renewal Fee: A $25 renewal fee must be submitted to the DOS before the card expires.
• Training Prerequisite: The guard must have completed an 8-Hour Annual In-Service Training Course for each year of registration (2 courses total per biennial period).
• Late Renewal Warning: Working with an expired registration card is a violation of GBL § 89-g and subject to administrative fines and employer sanctions.

---

Summary Comparison Matrix