2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 14 - New York State Higher Education Services Corporation › Part 1 - Corporate Structure › 652-A - Employees of the New York State Higher Education Services Corporation; Background Checks.

§  652-a.  Employees  of  the New York state higher education services
  corporation; background checks. 1. Current and prospective employees  of
  the  corporation  shall  be subject to background and security clearance
  investigations required in the  ordinary  course  of  the  corporation's
  business if background and security clearance are necessary for employee
  participation or proposed participation in the administration of federal
  student  loans  or  other federal programs under the federal direct loan
  program.
2. Such  background  or  security  clearance  investigation  shall  be
  performed  by the corporation or on behalf of the corporation by a state
  or federal government agency authorized to perform such  investigations.
  The  corporation  shall  be  authorized  to request and receive from the
  division of criminal  justice  services  or  federal  government  agency
  having  facilities  for  performing  such  services:  security clearance
  information, including criminal background and  credit  information  for
  corporation  employees, New York state employees seeking transfer to the
  corporation under section seventy of the civil  service  law,  New  York
  state  employees  seeking hire at the corporation who are on a preferred
  list subject to section eighty-one of the civil service law, or New York
  state employees seeking hire at the corporation through their  place  on
  an  eligible  list  as defined in section fifty-six of the civil service
  law and who have successfully completed a promotional  exam  subject  to
  section  fifty-two of the civil service law if such security information
  is  necessary  for  the  employees  to  be  in   compliance   with   the
  administration  of federal student loans or other federal programs under
  the federal direct loan program. The corporation shall  inform  subjects
  of background and security clearance investigations of the factors to be
  considered  in the evaluation of the criminal background information and
  credit information obtained.
3. If  an  employee  or  prospective  employee  needs  background  and
  security  clearance  in order to be compliant with the administration of
  federal student loans or other federal programs under the federal direct
  loan program, the corporation shall be authorized  to  require  such  an
  employee  or  prospective employee to submit to the corporation or other
  state  or  federal  government  agency  authorized   to   perform   such
  investigations    identifying    information,    which   shall   include
  fingerprints, personal information, or other authorizations, required by
  the corporation or the division of criminal justice services or  federal
  government   agency  authorized  to  perform  such  investigations.  The
  fingerprints so obtained shall be forthwith forwarded to the division of
  criminal justice services for a state criminal history record check, and
  the federal bureau of investigation or other federal  government  agency
  having  facilities  for  conducting  a  national criminal history record
  check, for the purposes of determining whether or not  criminal  charges
  are  pending  against the employee or prospective employee or whether or
  not the employee or prospective employee had previously  been  convicted
  of  a  crime,  and  such  agency  shall report a finding of such pending
  charges and previous convictions, if any, to the corporation in  writing
  or  by  electronic  means  or  any  other  method  agreed  upon  by  the
  corporation and the agency. All such criminal history records  or  other
  background information received by the corporation shall be confidential
  pursuant  to  applicable  federal and state laws, rules and regulations,
  and shall not be published or in  any  way  disclosed  except  to  those
  employees  of the corporation responsible for evaluating the information
  obtained or upon  the  request  of  federal  officials  responsible  for
  administration  of  a  federal  student loan program. All determinations
  made pursuant to this section shall be in accordance with the provisions
  of  subdivision  sixteen  of  section  two  hundred  ninety-six  of  the

  executive  law  and  article twenty-three-A of the correction law unless
  such provisions are in direct conflict with federal law or federal  loan
  program  requirements.  The corporation shall provide the subject of the
  criminal  history  check  or  checks with a copy of any criminal history
  record together with a copy of article twenty-three-A of the  correction
  law  and inform such applicant of his or her right to seek correction of
  any incorrect information contained in such record.  The  subject  shall
  have the right to seek correction of any incorrect information contained
  in  such  records  pursuant  to  applicable  state  and federal laws and
  regulations.  The  corporation  shall  be  responsible  for   any   fees
  associated  with background and security checks required by this section
  for current employees.