Section 837-P. Criminal history records search for certain licenses and registrations in the county of Westchester  


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  • 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.