2023 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.