§ 534-f. Pier superintendents and hiring agents. 1. No person shall
act as a pier superintendent or as a hiring agent within the port of New
York district in this state without first having obtained from the
commission or previously, from the bi-state commission, a license to act
as such pier superintendent or hiring agent, as the case may be, and no
person shall employ or engage another person to act as a pier
superintendent or hiring agent who is not so licensed.

2. A license to act as a pier superintendent or hiring agent shall be
issued only upon the written application, under oath, of the person
proposing to employ or engage another person to act as such pier
superintendent or hiring agent, verified by the prospective licensee as
to the matters concerning that person, and shall state the following:

(a) The full name and business address of the applicant;

(b) The full name, residence, business address (if any), place and
date of birth and social security number of the prospective licensee;

(c) The present and previous occupations of the prospective licensee,
including the places where the person was employed and the names of the
person's employers;

(d) Such further facts and evidence as may be required by the
commission to ascertain the character, integrity and identity of the
prospective licensee; and

(e) That if a license is issued to the prospective licensee, the
applicant will employ such licensee as pier superintendent or hiring
agent, as the case may be.

3. No such license shall be granted:

(a) Unless the commission shall be satisfied that the prospective
licensee possesses good character and integrity;

(b) If the prospective licensee has, without subsequent pardon, been
convicted by a court of the United States, or any state or territory
thereof, of the commission of, or the attempt or conspiracy to commit,
treason, murder, manslaughter or any crime punishable by death or
imprisonment for a term exceeding three hundred sixty-four days or any
of the following misdemeanors or offenses: illegally using, carrying or
possessing a pistol or other dangerous weapon; making or possessing
burglar's instruments; buying or receiving stolen property; unlawful
entry of a building; aiding an escape from prison; unlawfully
possessing, possessing with intent to distribute, sale or distribution
of a controlled dangerous substance (controlled substance) or a
controlled dangerous substance analog; and violation of this act. Any
such prospective licensee ineligible for a license by reason of any such
conviction may submit satisfactory evidence to the commission that such
person has for a period of not less than five years, measured as
hereinafter provided, and up to the time of application, so acted in a
manner as to warrant the grant of such license, in which event the
commission may, in its discretion, issue an order removing such
ineligibility. The aforesaid period of five years shall be measured
either from the date of payment of any fine imposed upon such person or
the suspension of sentence or from the date of the person's unrevoked
release from custody by parole, commutation or termination of sentence;

(c) If the prospective licensee knowingly or willfully advocates the
desirability of overthrowing or destroying the government of the United
States by force or violence or shall be a member of a group which
advocates such desirability, knowing the purposes of such group include
such advocacy.

4. When the application shall have been examined and such further
inquiry and investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom that the prospective
licensee possesses the qualifications and requirements prescribed in
this section, the commission shall issue and deliver to the prospective
licensee a license to act as pier superintendent or hiring agent for the
applicant, as the case may be, and shall inform the applicant of this
action. The commission may issue a temporary permit to any prospective
licensee for a license under the provisions of this article pending
final action on an application made for such a license. Any such permit
shall be valid for a period not in excess of six months.

5. No person shall be licensed to act as a pier superintendent or
hiring agent for more than one employer, except at a single pier or
other waterfront terminal, but nothing in this section shall be
construed to limit in any way the number of pier superintendents or
hiring agents any employer may employ.

6. A license granted pursuant to this section shall continue through
the duration of the licensee's employment by the employer who shall have
applied for the person's license.

7. Any license issued pursuant to this section may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of the following
offenses:

(a) Conviction of a crime or act by the licensee or other cause which
would require or permit the person's disqualification from receiving a
license upon original application;

(b) Fraud, deceit or misrepresentation in securing the license, or in
the conduct of the licensed activity;

(c) Violation of any of the provisions of this act;

(d) Criminal possession of a controlled substance or criminal sale of
a controlled substance;

(e) Employing, hiring or procuring any person in violation of this act
or inducing or otherwise aiding or abetting any person to violate the
terms of this act;

(f) Paying, giving, causing to be paid or given or offering to pay or
give to any person any valuable consideration to induce such other
person to violate any provision of this act or to induce any public
officer, agent or employee to fail to perform the person's duty
hereunder;

(g) Consorting with known criminals for an unlawful purpose, provided,
however, that consorting without unlawful purpose shall be insufficient
grounds for revocation or suspension;

(h) Transfer or surrender of possession of the license to any person
either temporarily or permanently without satisfactory explanation;

(i) False impersonation of another licensee under this act;

(j) Receipt or solicitation of anything of value from any person other
than the licensee's employer as consideration for the selection or
retention for employment of any longshore worker;

(k) Coercion of a longshore worker to make purchases from or to
utilize the services of any person;

(l) Lending any money to or borrowing any money from a longshore
worker for which there is a charge of interest or other consideration;
and

(m) Membership in a labor organization which represents longshore
workers or security officers; but nothing in this section shall be
deemed to prohibit pier superintendents or hiring agents from being
represented by a labor organization or organizations which do not also
represent longshore workers or security officers. The American
Federation of Labor and Congress of Industrial Organizations and any
other similar federation, congress or other organization of national or
international occupational or industrial labor organizations shall not
be considered an organization which represents longshore workers or
security officers within the meaning of this section although one of the
federated or constituent labor organizations thereof may represent
longshore workers or security officers.

8. Any applicant for pier superintendent or hiring agent ineligible
for a license by reason of the provisions of paragraph (b) of
subdivision three of this section may petition for and the commission
may issue an order removing the ineligibility. A petition for an order
to remove ineligibility may be made to the commission before or after
the hearing required by section five hundred thirty-four-n of this
article.