A. 7358 2
HAVE ANY LICENSE, CERTIFICATE, PERMIT, OR OTHER AUTHORIZATION ISSUED BY
THE OFFICE. THE TERM "EMPLOYER" INCLUDES THE OFFICE.
3. "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED BY AN EMPLOYER OR
EMPLOYED BY THE OFFICE IN A CAPACITY IN WHICH SUCH PERSON IS ENGAGED IN
THE PROVISION OF CARE OR SERVICES TO A PERSON IN NEED THEREOF.
4. "CURRENT EMPLOYEE" SHALL MEAN AND INCLUDE ANY INDIVIDUAL WHO BECAME
AN EMPLOYEE OF AN EMPLOYER PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
5. "PROSPECTIVE EMPLOYEE" SHALL MEAN AND INCLUDE AN INDIVIDUAL NOT
CURRENTLY AN EMPLOYEE OF AN EMPLOYER WHO FILES AN APPLICATION FOR
EMPLOYMENT AND THE EMPLOYER HAS A REASONABLE EXPECTATION TO HIRE SUCH
INDIVIDUAL.
S 14.03 REQUESTS FOR CRIMINAL HISTORY INFORMATION CONCERNING CURRENT AND
PROSPECTIVE EMPLOYEES.
1. AN EMPLOYER SHALL REQUEST AND IS AUTHORIZED TO RECEIVE FROM THE
DIVISION OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION
CONCERNING EACH CURRENT AND PROSPECTIVE EMPLOYEE, AND TO CONSIDER SUCH
INFORMATION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION
LAW, SUBJECT TO THE FOLLOWING RESTRICTIONS:
(A) AN EMPLOYER SHALL DESIGNATE ONE PERSON IN ITS EMPLOY WHO SHALL BE
AUTHORIZED TO REQUEST, RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION,
AND ONLY SUCH PERSON AND THE NEW OR PROSPECTIVE EMPLOYEE TO WHICH THE
CRIMINAL HISTORY INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFORMA-
TION; PROVIDED, HOWEVER, THAT CRIMINAL HISTORY INFORMATION MAY BE
DISCLOSED TO OTHER PERSONNEL AUTHORIZED BY THE EMPLOYER WHO ARE
EMPOWERED BY SUCH EMPLOYER TO MAKE HIRING DECISIONS CONCERNING CURRENT
OR PROSPECTIVE EMPLOYEES AND PROVIDED FURTHER THAT SUCH OTHER PERSONNEL
SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER
PROVISIONS OF THIS ARTICLE. AN EMPLOYER SHALL NOTIFY THE DIVISION OF
CRIMINAL JUSTICE SERVICES OF EACH PERSON AUTHORIZED TO HAVE ACCESS TO
CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION;
(B) AN EMPLOYER REQUESTING CRIMINAL HISTORY INFORMATION PURSUANT TO
THIS SECTION SHALL DO SO BY COMPLETING A FORM DEVELOPED FOR SUCH PURPOSE
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH FORM SHALL INCLUDE A
SWORN STATEMENT OF THE PERSON DESIGNATED BY THE EMPLOYER TO REQUEST,
RECEIVE AND REVIEW CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION CERTIFYING THAT (I) THE PERSON WHOSE CRIMINAL
HISTORY INFORMATION IS REQUESTED IS NOT PRESENTLY BUT HAS APPLIED TO BE
AN EMPLOYEE, OR IS A CURRENT EMPLOYEE; (II) SUCH CRIMINAL HISTORY INFOR-
MATION WILL BE USED BY THE EMPLOYER SOLELY FOR PURPOSES AUTHORIZED BY
THIS ARTICLE; AND (III) THE EMPLOYER AND ITS STAFF ARE AWARE OF AND WILL
ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF
THIS ARTICLE; AND
(C) THE PERSON DESIGNATED BY AN EMPLOYER FOR RECEIPT OF CRIMINAL
HISTORY INFORMATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL
UPON RECEIPT IMMEDIATELY MARK SUCH CRIMINAL HISTORY INFORMATION "CONFI-
DENTIAL", AND SHALL AT ALL TIMES MAINTAIN SUCH CRIMINAL HISTORY INFORMA-
TION IN A SECURE PLACE. ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF
ANY CONFIDENTIAL CRIMINAL HISTORY INFORMATION CONTAINED IN THE REPORT TO
PERSONS NOT PERMITTED BY THIS ARTICLE TO RECEIVE SUCH INFORMATION SHALL
BE GUILTY OF A MISDEMEANOR. ANY UNAUTHORIZED DISCLOSURE OF FINGERPRINTS
OR CRIMINAL HISTORY INFORMATION OBTAINED BY AN EMPLOYER PURSUANT TO THIS
ARTICLE SHALL ALSO ENTITLE THE SUBJECT OF SUCH FINGERPRINTS OR CRIMINAL
HISTORY INFORMATION TO RECOVER FROM THE EMPLOYER A CIVIL AWARD OF
DAMAGES RESULTING FROM SUCH UNAUTHORIZED DISCLOSURE, TOGETHER WITH COSTS
AND REASONABLE ATTORNEY'S FEES.
A. 7358 3
2. TO THE EXTENT PERMITTED BY LAW, AN EMPLOYER MAY REQUEST FROM A
CURRENT OR PROSPECTIVE EMPLOYEE A STATEMENT OF HIS OR HER PRIOR CRIMINAL
CONVICTIONS IN THIS STATE OR ANY OTHER JURISDICTION. PRIOR TO REQUESTING
CRIMINAL HISTORY INFORMATION CONCERNING ANY CURRENT OR PROSPECTIVE
EMPLOYEE, EACH EMPLOYER SHALL:
(A) INFORM THE CURRENT OR PROSPECTIVE EMPLOYEE IN WRITING THAT THE
EMPLOYER IS REQUIRED TO REQUEST HIS OR HER CRIMINAL HISTORY INFORMATION
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES AND REVIEW SUCH INFORMA-
TION PURSUANT TO THIS SECTION;
(B) INFORM THE CURRENT OR PROSPECTIVE EMPLOYEE THAT BEFORE THE EMPLOY-
ER REQUESTS SUCH CRIMINAL HISTORY INFORMATION, THE CURRENT OR PROSPEC-
TIVE EMPLOYEE HAS THE RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS
OR HER CRIMINAL HISTORY INFORMATION PURSUANT TO REGULATIONS AND PROCE-
DURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
(C) OBTAIN THE SIGNED INFORMED CONSENT OF THE CURRENT OR PROSPECTIVE
EMPLOYEE ON A FORM SUPPLIED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
WHICH INDICATES THAT SUCH PERSON HAS:
(I) BEEN INFORMED OF THE RIGHT AND PROCEDURES NECESSARY TO OBTAIN,
REVIEW AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION;
(II) BEEN INFORMED OF THE REASON FOR THE REQUEST FOR HIS OR HER CRIMI-
NAL HISTORY INFORMATION;
(III) CONSENTED TO SUCH REQUEST; AND
(D) UPON RECEIVING SUCH WRITTEN CONSENT, GIVEN THE FINGERPRINTS OF
SUCH CURRENT OR PROSPECTIVE EMPLOYEE PURSUANT TO REGULATIONS ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
3. A CURRENT OR PROSPECTIVE EMPLOYEE MAY WITHDRAW FROM THE APPLICATION
PROCESS, WITHOUT PREJUDICE, AT ANY TIME REGARDLESS OF WHETHER OR NOT HE
OR SHE HAS REVIEWED HIS OR HER CRIMINAL HISTORY INFORMATION OR THE
EMPLOYER HAS RECEIVED CRIMINAL HISTORY INFORMATION. WHERE A CURRENT OR
PROSPECTIVE EMPLOYEE WITHDRAWS FROM THE APPLICATION PROCESS, ANY FINGER-
PRINTS AND CRIMINAL HISTORY INFORMATION CONCERNING SUCH CURRENT OR
PROSPECTIVE EMPLOYEE RECEIVED BY THE EMPLOYER SHALL BE IMMEDIATELY
RETURNED TO SUCH CURRENT OR PROSPECTIVE EMPLOYEE BY THE PERSON DESIG-
NATED FOR RECEIPT OF CRIMINAL HISTORY INFORMATION PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION.
4. IN ALL CASES THE FINGERPRINTS AND CRIMINAL HISTORY INFORMATION
CONCERNING A CURRENT OR PROSPECTIVE EMPLOYEE SHALL BE IMMEDIATELY
RETURNED TO SUCH PERSON BY THE PERSON DESIGNATED FOR RECEIPT OF CRIMINAL
HISTORY INFORMATION UPON THE DENIAL OF EMPLOYMENT OR TERMINATION OF
EMPLOYMENT OF SUCH EMPLOYEE.
5. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE REQUESTED
CRIMINAL HISTORY INFORMATION AND RETURN FINGERPRINTS TO AN EMPLOYER
WITHIN FIFTEEN BUSINESS DAYS AFTER THE RECEIPT OF A REQUEST FOR CRIMINAL
HISTORY INFORMATION IF SUCH REQUEST IS:
(A) MADE BY THE PERSON DESIGNATED BY THE EMPLOYER FOR RECEIPT OF CRIM-
INAL HISTORY INFORMATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION AND ACCOMPANIED BY THE CERTIFICATION REQUIRED BY PARAGRAPH
(B) OF SUBDIVISION ONE OF THIS SECTION;
(B) ACCOMPANIED BY THE COMPLETED FORM DESCRIBED IN PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION; AND
(C) ACCOMPANIED BY FINGERPRINTS OF THE CURRENT OR PROSPECTIVE EMPLOYEE
OBTAINED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
6. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE, WHICH SHALL INCLUDE CONVENIENT PROCEDURES
FOR CURRENT AND PROSPECTIVE EMPLOYEES TO PROMPTLY VERIFY THE ACCURACY OF
A. 7358 4
THEIR CRIMINAL HISTORY INFORMATION AND, TO THE EXTENT AUTHORIZED BY LAW,
TO HAVE ACCESS TO RELEVANT DOCUMENTS RELATED THERETO.
7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED OR INTERPRETED TO IN ANY
WAY DIMINISH THE INTEGRITY OF COLLECTIVE BARGAINING AGREEMENTS NEGOTI-
ATED BETWEEN AN EMPLOYER AND ANY CERTIFIED OR AUTHORIZED COLLECTIVE
BARGAINING AGENT FOR AN EMPLOYEE, OR TO DIMINISH RIGHTS WHICH ACCRUE TO
SUCH EMPLOYEES PURSUANT TO SUCH AGREEMENTS.
S 14.05 MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGIS-
TRY.
1. DEFINITIONS. AS USED IN THIS SECTION, "MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES WORKER REGISTRY" MEANS THE SYSTEM OF INFORMA-
TION PERTAINING TO HOME CARE WORKERS, AS ESTABLISHED BY THE OFFICE UNDER
THIS SECTION.
2. THE OFFICE SHALL ESTABLISH, DIRECTLY OR THROUGH CONTRACT, A STATE-
WIDE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY
OF ALL MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKERS. SUCH
REGISTRY SHALL BE AN AUTOMATED SYSTEM WITH IMMEDIATE ACCESS THROUGH
TELEPHONE AND ANY OTHER APPROPRIATE TECHNOLOGY. THE MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY SHALL INCLUDE THE FOLLOW-
ING INFORMATION PERTAINING TO THE MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES WORKER:
(A) NAME AND ALIAS OR PREVIOUSLY USED NAME, WHERE APPLICABLE, AND
SOCIAL SECURITY NUMBER;
(B) MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES EMPLOYMENT
HISTORY, INCLUDING THE NAME, ADDRESS, PHONE OF THE CURRENT AND PRECEDING
EMPLOYER AND EMPLOYERS OVER THE LAST THREE YEARS AND THE APPROXIMATE
EMPLOYMENT STARTING AND TERMINATION DATES; AND
(C) NEW YORK STATE APPROVED TRAINING AND CERTIFICATION, INCLUDING
APPROXIMATE DATES, AS REQUIRED BY REGULATIONS UNDER THIS ARTICLE.
3. EACH EMPLOYER SHALL, ON A SCHEDULE AS DETERMINED BY THE DEPARTMENT,
FILE WITH THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES REGISTRY
INFORMATION REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION. THE INFORMA-
TION SHALL BE IN A FORM DETERMINED BY THE OFFICE AND SHALL BE AS CURRENT
AND THOROUGH AS REASONABLY POSSIBLE.
4. EACH EMPLOYER PROVIDING TRAINING FOR MENTAL RETARDATION AND DEVEL-
OPMENTAL DISABILITIES WORKERS OR PROSPECTIVE MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES WORKERS SHALL, ON A SCHEDULE DETERMINED BY
THE DEPARTMENT, FILE WITH THE MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES WORKER REGISTRY INFORMATION REQUIRED UNDER PARAGRAPHS (A) AND
(C) OF SUBDIVISION TWO OF THIS SECTION ON PERSONS SUCCESSFULLY COMPLET-
ING A NEW YORK STATE APPROVED PROGRAM OF TRAINING.
5. AS PART OF THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
WORKER EMPLOYMENT APPLICATION PROCESS, AN EMPLOYER SHALL CONTACT THE
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY TO
ASSIST IN DETERMINING A WORKER'S SUITABILITY FOR EMPLOYMENT. INFORMATION
PERTAINING TO THE WORKER CONTAINED IN THE MENTAL RETARDATION AND DEVEL-
OPMENTAL DISABILITIES WORKER REGISTRY SHALL BE PROVIDED PROMPTLY TO THE
EMPLOYER TO ASSIST THE EMPLOYER IN MAKING THE EMPLOYMENT DECISION.
6. EACH EMPLOYER SHALL MAKE A GOOD FAITH DOCUMENTED EFFORT TO CHECK
ALL REGISTRY-LISTED EMPLOYERS OF A WORKER IN A TIMELY MANNER.
7. (A) EACH EMPLOYER SHALL DESIGNATE ONE PERSON IN ITS EMPLOY WHO
SHALL BE AUTHORIZED TO REQUEST, RECEIVE AND REVIEW MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY INFORMATION, AND ONLY
SUCH PERSON AND THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
WORKER TO WHICH THE INFORMATION RELATES SHALL HAVE ACCESS TO SUCH INFOR-
MATION; PROVIDED, HOWEVER, THAT THE MENTAL RETARDATION AND DEVELOPMENTAL
A. 7358 5
DISABILITIES WORKER REGISTRY INFORMATION MAY BE DISCLOSED TO OTHER
PERSONNEL AUTHORIZED BY THE EMPLOYER TO MAKE HIRING DECISIONS CONCERNING
PROSPECTIVE EMPLOYEES AND PROVIDED FURTHER THAT SUCH OTHER PERSONNEL
SHALL ALSO BE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND ALL OTHER
PROVISIONS OF THIS SECTION. AN EMPLOYER SHALL NOTIFY THE OFFICE OF EACH
PERSON AUTHORIZED TO HAVE ACCESS TO CRIMINAL HISTORY INFORMATION PURSU-
ANT TO THIS SECTION;
(B) AN EMPLOYER REQUESTING MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES WORKER REGISTRY INFORMATION PURSUANT TO THIS SECTION SHALL DO
SO BY COMPLETING A FORM DEVELOPED FOR SUCH PURPOSE BY THE OFFICE. SUCH
FORM SHALL INCLUDE A SWORN STATEMENT OF THE PERSON DESIGNATED BY THE
EMPLOYER TO REQUEST, RECEIVE AND REVIEW MENTAL RETARDATION AND DEVELOP-
MENTAL DISABILITIES WORKER REGISTRY INFORMATION PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION CERTIFYING THAT (I) SUCH MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES WORKER REGISTRY INFORMATION WILL BE USED BY
THE EMPLOYER SOLELY FOR PURPOSES AUTHORIZED BY THIS SECTION; AND (II)
THE EMPLOYER AND ITS STAFF ARE AWARE OF AND WILL ABIDE BY THE CONFIDEN-
TIALITY REQUIREMENTS AND ALL OTHER PROVISIONS OF THIS SECTION; AND
(C) THE PERSON DESIGNATED BY AN EMPLOYER FOR RECEIPT OF MENTAL RETAR-
DATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY INFORMATION PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL UPON RECEIPT IMMEDIATELY
MARK SUCH MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER
REGISTRY INFORMATION "CONFIDENTIAL", AND SHALL AT ALL TIMES MAINTAIN
SUCH MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY
INFORMATION IN A SECURE PLACE. ANY PERSON WHO WILLFULLY PERMITS THE
RELEASE OF CONFIDENTIAL MENTAL RETARDATION AND DEVELOPMENTAL DISABILI-
TIES WORKER REGISTRY INFORMATION TO PERSONS NOT PERMITTED BY THIS
SECTION TO RECEIVE SUCH INFORMATION SHALL BE SUBJECT TO A CIVIL PENALTY
OF UP TO FIVE THOUSAND DOLLARS. ANY UNAUTHORIZED DISCLOSURE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES REGISTRY INFORMATION OBTAINED
BY AN EMPLOYER PURSUANT TO THIS ARTICLE SHALL ALSO ENTITLE THE EMPLOYEE
WHO IS THE SUBJECT OF SUCH INFORMATION TO RECOVER FROM THE EMPLOYER A
CIVIL AWARD OF DAMAGES RESULTING FROM SUCH UNAUTHORIZED DISCLOSURE,
TOGETHER WITH COSTS AND REASONABLE ATTORNEY'S FEES.
8. EACH EMPLOYER SHALL INFORM THE EMPLOYEE THAT SUCH EMPLOYEE HAS THE
RIGHT TO OBTAIN, REVIEW AND SEEK CORRECTION OF HIS OR HER MENTAL RETAR-
DATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY INFORMATION PURSU-
ANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE OFFICE.
9. (A) THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER
REGISTRY SHALL, ON WRITTEN REQUEST BY AN EMPLOYEE, PROMPTLY GIVE THE
WORKER A COPY OF HIS OR HER MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES WORKER REGISTRY FILE.
(B) IF AN EMPLOYEE DISPUTES ANY INFORMATION IN THE MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY, THE MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY SHALL PROMPTLY INVESTI-
GATE AND, WHERE APPROPRIATE, CORRECT THE DISPUTED INFORMATION. THE
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY SHALL
PROMPTLY NOTIFY THE EMPLOYEE OF THE RESULTS OF THE INVESTIGATION, ITS
DECISION AND HIS OR HER RIGHTS UNDER THIS SUBDIVISION, INCLUDING THE
RIGHT TO SEEK UNION OR OTHER REPRESENTATION.
(C) IF, AFTER CONDUCTING THE INVESTIGATION, THE MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES WORKER REGISTRY FINDS THAT AN ITEM IS IN
ERROR OR CANNOT BE VERIFIED, IT SHALL:
(I) PROMPTLY EXPUNGE THE ITEM AND OTHERWISE CORRECT THE FILE;
(II) REFRAIN FROM REPORTING THE ITEM IN SUBSEQUENT MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY REPORTS;
A. 7358 6
(III) ADVISE THE EMPLOYEE OF HIS OR HER RIGHT TO REQUEST NOTIFICATION
AND, AT THE EMPLOYEE'S REQUEST, PROMPTLY NOTIFY ANY EMPLOYER DESIGNATED
BY THE EMPLOYEE WHICH HAS RECEIVED INFORMATION IN THE PREVIOUS THREE
YEARS THAT AN ERROR EXISTED, AND SHALL FURNISH SUCH EMPLOYER WITH THE
CORRECT INFORMATION; AND
(IV) AT THE EMPLOYEE'S REQUEST, FORWARD HIM OR HER A COPY OF THE
CORRECTED MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER
REGISTRY FILE.
(D) IF, AFTER CONDUCTING THE INVESTIGATION, THE MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES WORKER REGISTRY IS UNABLE TO RESOLVE THE
DISPUTED INFORMATION, IT SHALL:
(I) PROMPTLY INDICATE IN THE FILE THAT THE ITEM IS DISPUTED;
(II) PERMIT THE EMPLOYEE TO FILE A BRIEF STATEMENT CONCERNING THE
DISPUTE;
(III) INCLUDE THE EMPLOYEE'S STATEMENT OF THE DISPUTE IN ALL SUBSE-
QUENT DISCLOSURES CONTAINING THE INFORMATION IN QUESTION;
(IV) CLEARLY NOTE IN ALL SUBSEQUENT DISCLOSURES THAT THE ITEM IS
DISPUTED BY THE EMPLOYEE;
(V) ADVISE THE EMPLOYEE OF HIS OR HER RIGHT TO PROMPTLY NOTIFY ANY
EMPLOYER DESIGNATED BY THE EMPLOYEE WHICH HAS RECEIVED INFORMATION IN
THE PREVIOUS THREE YEARS THAT A STATEMENT CONCERNING THE DISPUTE HAS
BEEN FILED, AND SHALL FURNISH SUCH EMPLOYER WITH THE EMPLOYEE'S STATE-
MENT; AND
(VI) FORWARD TO THE EMPLOYEE A COPY OF HIS OR HER REGISTRY FILE
INCLUDING THE STATEMENT CONCERNING THE DISPUTED INFORMATION.
(E) IF ANY ITEM DISPUTED AND REINVESTIGATED IS FOUND TO BE IN ERROR OR
CAN NO LONGER BE VERIFIED, UPON COMPLETION OF THE REINVESTIGATION OF ALL
ITEMS DISPUTED, THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
WORKER REGISTRY SHALL TAKE THE ACTION SPECIFIED IN SUBPARAGRAPHS (I),
(II) AND (III) OF PARAGRAPH (C) OF THIS SUBDIVISION.
10. INFORMATION REGARDING AN EMPLOYEE WHO IS EMPLOYED BY AN EMPLOYER
ON THE EFFECTIVE DATE OF THIS SECTION NEED NOT BE FILED IN THE MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY UNTIL THREE
YEARS AFTER THE EFFECTIVE DATE OF THE INITIAL REGULATION IMPLEMENTING
THIS SECTION. WITH REGARD TO SUCH AN EMPLOYEE, AN EMPLOYER SHALL BE
REQUIRED TO FILE ONLY SUCH INFORMATION REQUIRED BY PARAGRAPHS (A), (B)
AND (C) OF SUBDIVISION TWO OF THIS SECTION AS IS MAINTAINED BY SUCH
EMPLOYER AS A REGULAR PART OF THE EMPLOYEE'S PERSONNEL FILE.
11. THE OFFICE SHALL DEVELOP AND PROMULGATE REGULATIONS IN CONSULTA-
TION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES NECESSARY FOR THE
IMPLEMENTATION OF THIS SECTION.
12. THE COMMISSIONER SHALL TRANSMIT TO THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE MINORITY LEADER OF THE SENATE NO LATER THAN THE FIRST DAY
OF APRIL OF EACH YEAR A REPORT ON THE IMPLEMENTATION AND OPERATION OF
THE MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES WORKER REGISTRY.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE
REGISTRANTS ENTERED INTO THE SYSTEM DURING THE PRECEDING YEAR, AN ANALY-
SIS OF THE COSTS OF IMPLEMENTING AND OPERATING SUCH REGISTRY, THE SOURC-
ES OF THE FUNDS USED TO IMPLEMENT AND OPERATE THE REGISTRY, AND A COMPU-
TATION OF ANY EXCESS FUNDS COLLECTED FOR SUCH IMPLEMENTATION AND
OPERATION.
S 2. Subdivision 8-a of section 837 of the executive law, as amended
by chapter 561 of the laws of 2006, is amended to read as follows:
8-a. Charge a fee when, pursuant to statute or the regulations of the
division, it conducts a search of its criminal history records and
A. 7358 7
returns a report thereon in connection with an application for employ-
ment or for a license or permit. The division shall adopt and may, from
time to time, amend a schedule of such fees which shall be in amounts
determined by the division to be reasonably related to the cost of
conducting such searches and returning reports thereon but, in no event,
shall any such fee exceed twenty-five dollars and an additional
surcharge of fifty dollars. The comptroller is hereby authorized to
deposit such fees into the general fund, provided, however, that the
monies received by the division of criminal justice services for payment
of the additional surcharge shall be deposited in equal amounts to the
general fund and to the fingerprint identification and technology
account. Notwithstanding the foregoing, the division shall not request
or accept any fee for searching its records and supplying a criminal
history report pursuant to section two hundred fifty-one-b of the gener-
al business law relating to participating in flight instruction at any
aeronautical facility, flight school or institution of higher learning,
NOR FOR SEARCHING ITS RECORDS AND SUPPLYING A CRIMINAL HISTORY REPORT
PURSUANT TO ARTICLE FOURTEEN OF THE MENTAL HYGIENE LAW.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. The commissioner of
mental retardation and developmental disabilities may adopt, amend,
suspend or repeal rules or regulations and take other actions prior to
and in preparation for the timely implementation of this act on its
effective date; provided however, that such rules, regulations and other
actions shall not have any legal effect until the effective date of this
act.