2010 New York Code
EXC - Executive
Article 35 - (835 - 846*2) DIVISION OF CRIMINAL JUSTICE SERVICES
837-O - Search for arson conviction records of volunteer firefighter applicants.

§  837-o. Search for arson 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. 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.
    (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, or (ii) the applicant
  has  no  record of conviction for arson. 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.