N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 901-2.4 - Criminal history information review

(a) The Division shall promptly provide the results of the criminal history check to the provider of services only by a method of secure and confidential delivery, and such information shall at all times be maintained, where authorized by the Division, by the authorized person(s) for the provider of services in a secure place.

(b) Upon receipt of any criminal history information from the Division, the provider of services shall assess the information to consider and determine whether to approve or disapprove the prospective employee, prospective consultant, prospective volunteer or prospective assistant in accordance with the provisions of Article 23-A of the Correction Law and subdivisions (15) and (16) of section 296 of the Executive Law.

(c) If the criminal background check indicates that the subject individual has no known criminal history, the provider of services shall continue consideration of the subject individual's application.

(d) Where the criminal history record of a prospective employee, prospective volunteer, prospective consultant or prospective assistant reveals a pending charge for any felony, the provider of services shall hold the application in abeyance until the charge is finally resolved.

(e) Where the criminal history record of a prospective employee, prospective volunteer, prospective consultant or prospective assistant reveals a pending charge for any misdemeanor, the provider of services may hold the application in abeyance until the charge is finally resolved.

(f) Prior to making a determination to deny a subject individual's application, the provider of services shall afford the prospective employee, prospective volunteer, prospective consultant or prospective assistant an opportunity to explain in writing, within 15 calendar days from the date the notification was mailed, why the application should not be denied. The prospective employee, prospective volunteer, prospective consultant or prospective assistant may request an extension of up to 15 days. The opportunity for an explanation shall be sent non-electronically, in a manner of mailing that is capable of verifying the date of mailing and shall include a copy of the subject individual's criminal history information, a copy of Article 23-A of the Correction Law, and information about the subject individual's right to seek correction of any incorrect information contained in the criminal history and the procedure for same.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 901-2.4

Adopted New York State Register October 11, 2017/Volume XXXIX, Issue 41, eff. 10/11/2017