N.Y. Comp. Codes R. & Regs. tit. 14 § 805.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 805.7 - Criminal history information review

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 805.7

Amended New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff.9/9/2015