§ 174. Procedure upon application; grant of license. 1. Upon the
receipt of an application for a license, the commissioner shall cause
the name and address of the applicant, the name under which the
employment agency is to be conducted, and the street and number of the
place where the agency is to be conducted, to be posted on the
commissioner's website, as well as in a conspicuous place in his public
office. Such agency shall be used exclusively as an employment agency
and for no other purpose, except as hereinafter provided. The
commissioner shall investigate or cause to be investigated the character
and responsibility of the applicant and agency manager and shall examine
or cause to be examined the premises designated in such application as
the place in which it is proposed to conduct such agency.

The commissioner shall require all applicants for licenses and agency
managers to be fingerprinted. Such fingerprints shall be submitted to
the division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may be submitted to the federal
bureau of investigation for a national criminal history record check.
The criminal history information, if any, received by the commissioner
shall be considered in accordance with the provisions of article
twenty-three-A of the correction law and subdivisions fifteen and
sixteen of section two hundred ninety-six of the executive law. A
reasonable time before making a determination on the application
pursuant to this subdivision, the commissioner shall provide the
applicant with a copy of the applicant's criminal history information,
if any. Where such criminal history information is provided, the
commissioner shall also provide a copy of article twenty-three-A of the
correction law, and inform such applicant of his or her right to seek
correction of any incorrect information contained in such criminal
history information pursuant to the regulations and procedures
established by the division of criminal justice services.

2. Any person may file, within one week after such application is so
posted, a written protest against the issuance of such license. Such
protest shall be in writing and signed by the person filing the same or
his authorized agent or attorney, and shall state reasons why the said
license should not be granted. Upon the filing of such protest the
commissioner shall appoint a time and place for the hearing of such
application, and shall give at least five days' notice of such time and
place to the applicant and the person filing such protest. The
commissioner may administer oaths, subpoena witnesses and take testimony
in respect to the matters contained in such application and protests or
complaints of any character for violation of this article, and may
receive evidence in the form of affidavits pertaining to such matters.
If it shall appear upon such hearing or from the inspection, examination
or investigation made by the commissioner that the applicant or agency
manager is not a person of good character or responsibility; or that he
or the agency manager has not had at least two years experience as a
placement employee, vocational counsellor or in related activities, or
other satisfactory business experience which similarly tend to establish
the competence of such individual to direct and operate the placement
activities of the agency; or that the place where such agency is to be
conducted is not a suitable place therefor; or that the applicant has
not complied with the provisions of this article; the said application
shall be denied and a license shall not be granted. Each application
should be granted or refused within thirty days from the date of its
filing.

3. Any license heretofore issued shall run to the first Tuesday of May
next following the date thereof and no later, unless sooner revoked by
the commissioner. On and after May first, nineteen hundred seventy-six,
licenses shall run to May first, nineteen hundred seventy-eight;
thereafter to May first of every second year. A separate license shall
be required for each branch of any agency.

4. No license shall be granted to a person to conduct the business of
an employment agency in rooms used for living purposes or where boarders
or lodgers are kept or where meals are served or where persons sleep or
in connection with a building or premises where intoxicating liquors are
sold to be consumed on the premises, excepting cafes and restaurants in
office buildings. No license shall be granted to a person to conduct the
business of an employment agency where the name of the employment agency
directly or indirectly expresses or connotes any limitation,
specification or discrimination as to race, creed, color, age, sex,
national origin, disability or marital status, and the lack of intent on
the part of the applicant for the license to make any such limitation,
specification or discrimination shall be immaterial, except that any
presently licensed employment agency bearing a name which directly or
indirectly expresses or connotes any such limitation, specification or
discrimination may continue to use its present name and may have its
license renewed using its present name, provided that it display under
such name, wherever it appears, a statement to the effect that its
services are rendered without limitation, specification or
discrimination as to race, creed, color, age, sex, national origin,
disability or marital status.