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This entry was published on 2014-09-22
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SECTION 837-P
Criminal history records search for certain licenses and registrations in the county of Westchester
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 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.