NY Banking L § 22 (2021)
2021 New York Laws BNK - Banking Article 2 - Department of Financial Services; Superintendent of Financial Services; Supervisory and Regulatory Powers 22 - Fingerprints.

§ 22.  Fingerprints.  (a)  Notwithstanding any other provision of law, every applicant for  a  license,  authorization  or  registration  under articles  nine, nine-A, eleven-B, twelve-B, twelve-C, twelve-D, twelve-E and thirteen-B of this chapter and every applicant filing an application to acquire control of any licensee or registrant, as the  case  may  be, under such articles shall submit simultaneously with an application, his or  her fingerprints in such form and in such manner as specified by the division of criminal justice services, but in any event,  no  less  than two digit imprints. The superintendent shall submit such fingerprints to the  division of criminal justice services for the purpose of conducting a criminal history search and returning a report thereon  in  accordance with  the  procedures  and  requirements  established  by  the  division pursuant to the provisions of article thirty-five of the executive  law, which  shall  include the payment of the prescribed processing fees. The superintendent shall request that the division submit such  fingerprints to  the  federal  bureau  of investigation, together with the processing fees prescribed by such bureau, for the purpose of conducting a criminal history search and returning a report thereon. An applicant shall not be required  to  submit  his  or  her  fingerprints  as  required  by  this subdivision  if  such  applicant (i) is already subject to regulation by the department and the applicant has submitted such fingerprints to  the department,  such  fingerprints  have  been submitted to the division of criminal justice services for  the  purpose  of  conducting  a  criminal history  search,  and  a  report of such search has been received by the department from such division; or (ii) is subject  to  regulation  by  a federal  bank  regulatory  agency and has submitted such fingerprints to such agency which has had a criminal history search  conducted  of  such individual   and  has  shared  such  information  or  its  determination resulting from such search with the department; or (iii) is  an  officer or  stockholder  of  a  corporation  whose  common or preferred stock is registered on a national securities exchange, as provided in an  act  of congress  of  the United States entitled the "Securities Exchange Act of 1934", approved June sixth, nineteen hundred thirty-four, as amended, or such other exchange or market system as the superintendent shall approve by regulation, and has submitted such fingerprints to such  exchange  or market  system which has had a criminal history search conducted of such individual  and  has  shared  such  information  or  its   determination resulting  from such search with the department; provided, however, that the superintendent may subsequently require such applicant to submit his or her fingerprints if the superintendent has  a  reasonable  basis  for updating  the  information or determination resulting from the report of the criminal history search conducted at the  request  of  such  federal banking agency, exchange or market system.  (b) The superintendent shall also, concurrent with an investigation of a  licensee  or registrant, or an authorized individual, pertaining to a violation of this chapter, submit such fingerprints to the  division  of criminal  justice  services  for  the  purpose  of conducting a criminal history search and returning a report thereon and through  the  division to  the federal bureau of investigation for the purpose of a fingerprint check of such licensee, registrant or authorized individual.  (c) For purposes of this section, "applicant" shall include a  natural person  or  such principal, officer, director, trustee or stockholder of any  other  entity  as  may  be  designated   by   the   superintendent. Notwithstanding  any other provision of this article, the superintendent shall not access criminal history data or information, unless any agency from which the superintendent receives directly criminal history data or information has entered into a use and dissemination agreement with  the superintendent consistent with the provisions of this section.