2006 New York Code - Fingerprints.

 
    § 22.  Fingerprints.   (a) Notwithstanding any other provision of law,
  every applicant for a license under  articles  nine,  nine-A,  eleven-B,
  twelve-B,  twelve-C,  twelve-D  and thirteen-B of this chapter and every
  applicant filing an application to acquire control of any licensee under
  such articles shall submit simultaneously with an  application,  his  or
  her  fingerprints  in  such  form and in such manner as specified by the
  division of criminal justice services, but in any event,  no  less  than
  two digit imprints. The superintendent shall submit such fingerprints to
  the  division of criminal justice services for the purpose of conducting
  a criminal history search and returning a report thereon  in  accordance
  with  the  procedures  and  requirements  established  by  the  division
  pursuant to the provisions of article thirty-five of the executive  law,
  which  shall  include the payment of the prescribed processing fees. The
  superintendent shall request that the division submit such  fingerprints
  to  the  federal  bureau  of investigation, together with the processing
  fees prescribed by such bureau, for the purpose of conducting a criminal
  history search and returning a report thereon. An applicant shall not be
  required  to  submit  his  or  her  fingerprints  as  required  by  this
  subdivision  if  such  applicant (i) is already subject to regulation by
  the department and the applicant has submitted such fingerprints to  the
  department,  such  fingerprints  have  been submitted to the division of
  criminal justice services for  the  purpose  of  conducting  a  criminal
  history  search,  and  a  report of such search has been received by the
  department from such division; or (ii) is subject  to  regulation  by  a
  federal  bank  regulatory  agency and has submitted such fingerprints to
  such agency which has had a criminal history search  conducted  of  such
  individual   and  has  shared  such  information  or  its  determination
  resulting from such search with the department; or (iii) is  an  officer
  or  stockholder  of  a  corporation  whose  common or preferred stock is
  registered on a national securities exchange, as provided in an  act  of
  congress  of  the United States entitled the "Securities Exchange Act of
  1934", approved June sixth, nineteen hundred thirty-four, as amended, or
  such other exchange or market system as the superintendent shall approve
  by regulation, and has submitted such fingerprints to such  exchange  or
  market  system which has had a criminal history search conducted of such
  individual  and  has  shared  such  information  or  its   determination
  resulting  from such search with the department; provided, however, that
  the superintendent may subsequently require such applicant to submit his
  or her fingerprints if the superintendent has  a  reasonable  basis  for
  updating  the  information or determination resulting from the report of
  the criminal history search conducted at the  request  of  such  federal
  banking agency, exchange or market system.
    (b) The superintendent shall also, concurrent with an investigation of
  a  licensee  pertaining  to  a  violation  of  this chapter, submit such
  fingerprints to the  division  of  criminal  justice  services  for  the
  purpose  of  conducting a criminal history search and returning a report
  thereon and through the division to the federal bureau of  investigation
  for the purpose of a fingerprint check of such licensee.
    (c)  For purposes of this section, "applicant" shall include a natural
  person or such principal, officer, director, trustee or  stockholder  of
  any   other   entity   as  may  be  designated  by  the  superintendent.
  Notwithstanding any other provision of this article, the  superintendent
  shall not access criminal history data or information, unless any agency
  from which the superintendent receives directly criminal history data or
  information  has entered into a use and dissemination agreement with the
  superintendent consistent with the provisions of this section.