Agriculture & Markets - Growth of Hemp - Access to criminal history information through the division of criminal justice services


Published: 2020-03-13

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§ 513. Access to criminal history information through the division of
criminal justice services. In connection with the administration of this
article, the commissioner is authorized to request, receive and review
criminal history information through the division of criminal justice
services, referred to as "the division" for the purposes of this
section, with respect to any person seeking authorization under this
article to undertake a hemp pilot project or a hemp license; and/or each
individual who has substantial management responsibility for the
authorized or licensed activity or those in control of the entity,
including principals, officers, or other such persons. Those persons for
whom criminal history information is sought shall promptly submit to the
division his or her fingerprints in such form and in such manner as
specified by the division, for the purpose of conducting a search
identifying criminal convictions and pending criminal charges 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 specified processing fees for the cost of the division's
full search and retain procedures and a national criminal history record
check for such information. The commissioner, or his or her designee,
shall submit such fingerprints and the processing fee to the division.
The division shall forward to the commissioner a report with respect to
the person's previous criminal convictions and pending criminal charges,
if any, or a statement that the person has no such previous criminal
history according to its files. Fingerprints submitted to the division
pursuant to this section may also be submitted to the federal bureau of
investigation for a national criminal history record check as described
in this section. If additional copies of fingerprints are required, the
person to be fingerprinted shall furnish them upon request.