N.Y. Executive Law § 837-p: Criminal history records search for certain licenses and registrations in the county of Westchester

§ 837-p. Criminal history records search for certain licenses and

registrations in the county of Westchester. 1. As used in this section:

(a) "Commission" shall mean the Westchester county solid waste

commission.

(b) "Applicant" shall mean a person applying for a license or

registration pursuant to chapter eight hundred twenty-six-a of the laws

of Westchester county which requires the submission of fingerprints.

2. As a condition of eligibility for such licenses and/or

registrations, the commission shall obtain two sets of the applicant's

fingerprints and submit such fingerprints to the division for purposes

of determining the criminal history of the applicant.

3. The first set of fingerprints received by the division shall be

used to identify the applicant and to conduct a criminal history records

search of the division's New York state files to determine whether or

not such applicant has a criminal history in this state. The division

shall forward the second set of such applicant's fingerprints to the

federal bureau of investigation for the purpose of a nationwide criminal

history record check to determine whether such applicant has a criminal

history in any state or federal jurisdiction.

4. The division shall promptly transmit the reports of the New York

state criminal record search to the executive director of the

commission. The federal bureau of investigation reports of nationwide

criminal records searches shall be transmitted to the executive director

of the commission by the most direct means authorized by federal law,

rules and regulations. All such reports, when received by the

commission, shall be marked confidential and securely stored, and shall

not be disclosed to any person other than the applicant, although the

contents of the report may be disclosed to the members of the

commission.

5. (a) Each applicant shall sign a release authorizing the commission

to submit such applicant's fingerprints to the division and the federal

bureau of investigation, and for the executive director of the

commission to receive the results of such criminal history record

searches supplied by the division and the federal bureau of

investigation. Such release shall also advise the applicant that a

criminal history record search will be conducted concerning the

applicant and that he or she may obtain a copy of his or her criminal

history record and seek correction of any information contained in such

record pursuant to regulations promulgated by the division.

(b) Each such applicant shall, in advance, make payment to the

commission of the fee required pursuant to subdivision eight-a of

section eight hundred thirty-seven of this article and any fee imposed

by the federal bureau of investigation.