Section 837-O. Search for arson conviction records of volunteer firefighter applicants

1. Any person who applies for membership in a fire  company,
  as  such term is defined in section three of the volunteer firefighters'
  benefit law, or who seeks to  transfer  as  a  member  to  another  fire
  company,  shall  be  required  to authorize the submission of his or her
  name and other authorized identifying information to the division  which
  shall  search its files for records indicating whether the person stands
  convicted of the crime of arson. The chief of the fire company to  which
  application is made shall provide written notice to the applicant that a
  search will be conducted, and if the applicant desires to proceed, he or
  she  shall  complete  a  search  request  on  the form provided for this
  purpose by the division of criminal justice services.
    2. Within ten business days of receipt from the applicant,  the  chief
  of  the  fire  company  shall  send the completed search request form to
  either (i) the sheriff's department of the  county  in  which  the  fire
  company  is  located,  or  (ii)  the department of state, office of fire
  prevention and control, as follows:
    (a) the sheriff's department of the county in which the  fire  company
  is  located  shall  be responsible for receiving the search requests and
  processing the search requests with the  division  within  ten  business
  days  of  receipt  from the chief of the fire company, unless the county
  legislative body adopts and files with the secretary of  state  pursuant
  to  the municipal home rule law a local law providing that the sheriff's
  department shall not have such responsibility;
    (b) in all other instances where a county legislative body has adopted
  a  local  law  pursuant  to  paragraph  (a)  of  this  subdivision,  the
  department  of  state,  office  of  fire prevention and control shall be
  responsible for receiving search  requests  and  forwarding  the  search
  requests to the division.
  The department of state, office of fire prevention and control is hereby
  authorized  to  establish  a communication network with the division for
  the purpose of forwarding search requests and receiving  search  results
  pursuant to paragraph (b) of this subdivision.
    3.  (a)  All  searches  concerning the application for membership in a
  fire company shall be conducted under the provisions of subdivision  six
  of  section  eight  hundred  thirty-seven  of  this  article without the
  assessment of any fee to the applicant or fire company and shall pertain
  solely to ascertaining whether the applicant stands convicted of arson.
    (b) The results of the search shall be communicated in writing, within
  ten business days of receipt from the division, to the chief of the fire
  company from which the search request originated by either the sheriff's
  department or the department of state, office  of  fire  prevention  and
  control, and shall be kept confidential by the chief, except as provided
  in  paragraph  (c)  of this subdivision. The results of the search shall
  only state either that: (i) the applicant stands convicted of arson,  or
  (ii) the applicant has no record of conviction for arson. The results of
  the  search  shall  not  divulge  any  other information relating to the
  criminal history of the applicant.
    (c) At the time an applicant is advised that he or she  is  ineligible
  for  membership due to a record of conviction for arson, he or she shall
  also be advised of the rights to challenge and  appeal  the  information
  contained  in  the  record  of  conviction  as provided in the rules and
  regulations of the division. The applicant shall continue to  be  barred
  from  membership until all administrative and judicial challenges to the
  accuracy of  such  information  or  appeals  therefrom,  are  ultimately
  resolved   in   his  or  her  favor,  or  if  such  a  determination  is
  unchallenged.