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:
Terms Used In N.Y. Executive Law 837-P
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.