NY Exec L § 837-O (2021)
2021 New York Laws EXC - Executive Article 35 - Division of Criminal Justice Services 837-O - Search for Arson and Sex Offense Conviction Records of Volunteer Firefighter Applicants.

§  837-o.  Search  for  arson  and  sex  offense 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  or a  crime  which  requires the person to register as a sex offender under article six-C of the correction law. 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 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 office of fire prevention and control 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 office of fire  prevention  and  control shall be responsible for receiving search requests and forwarding the search requests to the division. The 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 or a crime which requires the person to register as a sex offender under article six-C of the correction law.  (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  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 and/or a  crime  which requires the person to register as a sex offender under article six-C of the  correction  law,  or (ii) the applicant has no record of conviction for arson or a crime which requires the person  to  register  as  a  sex offender  under  article six-C of the correction law. 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.  (d) If a person is denied  election  or  appointment  as  a  volunteer member  of  a fire company based in whole or in part on the fact that he or she stands convicted of a crime which requires the person to register as a sex offender under article six-C of the correction law, he  or  she shall  be  advised  by  the  fire company 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, and provided by  the  fire company  with a copy of the criminal history record received by the fire company and with a copy of sections seven hundred  fifty-two  and  seven hundred fifty-three of the correction law.