New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 805 - Criminal History Information Reviews › Section 805.7 - Criminal history information review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon receipt of criminal history information, if such information indicates the
				subject individual has been convicted of a criminal offense in New York, in any
				state other than New York, or in a Federal jurisdiction, the division shall
				promptly provide such information to the office only by a method of secure and
				confidential delivery, and such information shall at all times be maintained by
				the authorized person(s) for the office in a secure place.
(b) Upon receipt of any criminal history
				information from the division, the office shall check the information to
				consider and determine whether to recommend that the provider approve or
				disapprove the prospective employee, contractor, volunteer or applicant 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 office
				and the provider shall continue consideration of the subject individual's
				application.
(d) For those
				individuals whose criminal history includes convictions for crimes only
				committed within New York State, the office's review will result in a
				recommendation that the nature of the person's criminal history makes him or
				her suitable or unsuitable for a job in which there will be regular and
				substantial unsupervised physical contact with the provider's
				clients.
(e) For those individuals
				with an out-of-state criminal history, the office will make a binding hiring
				decision for the provider.
(f) If a
				provider has received from the office a summary of the New York State criminal
				history information and a determination by the office that such subject
				individual is appropriate for certification, credentialing, employment,
				contract, or volunteer status, the provider shall further consider such
				application in accordance with the provisions of article 23-A of the Correction
				Law and section 296 (15) and (16)  of the
				Executive Law.
(g) Where the
				criminal history record of an applicant, potential employee, contractor or
				volunteer reveals a pending charge for any felony or, any comparable offense in
				any other jurisdiction, the office shall hold the application in abeyance until
				the charge is finally resolved.
(h)
				Where the criminal history record of an applicant, potential employee,
				contractor or volunteer reveals a pending charge for any misdemeanor, or any
				comparable offense in any other jurisdiction, the office may hold the
				application in abeyance until the charge is finally resolved.
(i) Prior to making a determination to deny a
				subject individual, the office shall afford the applicant, prospective
				employee, contractor or volunteer 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 applicant, prospective employee, contractor or
				volunteer 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
				criminal history information, including 11 all State and Federal data, and a
				copy of article 23-A of the Correction Law and information about the subject
				individual's right to and procedure to seek correction of any incorrect
				information contained in the history. For prospective operators and new
				operators of existing providers of service, this opportunity may, at the
				discretion of the office, be afforded in the application or certification
				renewal materials for such operators required to be submitted to the
				office.
(j) Where the office
				recommends or directs a provider of services to deny an application of a
				prospective employee contractor, or volunteer, or to terminate a temporarily
				approved prospective employee, contractor or volunteer, based on the criminal
				history record, the provider of services must notify such person, in writing,
				that such criminal history record is the basis of the denial.