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N.Y. Agric. & Mkts. Law § 513

Access to criminal history information through the division of criminal justice services

Redline — January 1, 2020 → current.View current text →
Current — January 1, 2021
As of January 1, 2020
* § 513. Industrial hemp one-stop shop. The commissioner shall\nestablish a department one-stop shop hotline and webpage to provide\ninformation and technical assistance to producers and manufacturers with\nrespect to the law and regulations surrounding industrial hemp for so\nlong as industrial hemp is subject to regulation under the federal or\nstate Controlled Substances Act.\n * NB Effective until March 8, 2020\n * § 513. Access to criminal history information through the division\nof criminal justice services. In connection with the administration of\nthis article, the commissioner is authorized to request, receive and\nreview criminal history information through the division of criminal\njustice services (division) with respect to any person seeking a license\nor authorization to undertake a hemp pilot project. At the\ncommissioner's request, each researcher, principal and/or officer of the\napplicant shall submit to the department his or her fingerprints in such\nform and in such manner as specified by the division, for the purpose of\nconducting a criminal history search and returning a report thereon in\naccordance with the procedures and requirements established by the\ndivision pursuant to the provisions of article thirty-five of the\nexecutive law, which shall include the payment of the prescribed\nprocessing fees for the cost of the division's full search and retain\nprocedures and a national criminal history record check. The\ncommissioner, or his or her designee, shall submit such fingerprints and\nthe processing fee to the division. The division shall forward to the\ncommissioner a report with respect to the applicant's previous criminal\nhistory, if any, or a statement that the applicant has no previous\ncriminal history according to its files. Fingerprints submitted to the\ndivision of criminal justice services pursuant to this section may also\nbe submitted to the federal bureau of investigation for a national\ncriminal history record check. If additional copies of fingerprints are\nrequired, the applicant shall furnish them upon request.\n * NB Effective March 8, 2020\n
§ 513. Access to criminal history information through the division of\ncriminal justice services. In connection with the administration of this\narticle, the commissioner is authorized to request, receive and review\ncriminal history information through the division of criminal justice\nservices, referred to as "the division" for the purposes of this\nsection, with respect to any person seeking authorization under this\narticle to undertake a hemp pilot project or a hemp license; and/or each\nindividual who has substantial management responsibility for the\nauthorized or licensed activity or those in control of the entity,\nincluding principals, officers, or other such persons. Those persons for\nwhom criminal history information is sought shall promptly submit to the\ndivision his or her fingerprints in such form and in such manner as\nspecified by the division, for the purpose of conducting a search\nidentifying criminal convictions and pending criminal charges and\nreturning a report thereon in accordance with the procedures and\nrequirements established by the division pursuant to the provisions of\narticle thirty-five of the executive law, which shall include the\npayment of the specified processing fees for the cost of the division's\nfull search and retain procedures and a national criminal history record\ncheck for such information. The commissioner, or his or her designee,\nshall submit such fingerprints and the processing fee to the division.\nThe division shall forward to the commissioner a report with respect to\nthe person's previous criminal convictions and pending criminal charges,\nif any, or a statement that the person has no such previous criminal\nhistory according to its files. Fingerprints submitted to the division\npursuant to this section may also be submitted to the federal bureau of\ninvestigation for a national criminal history record check as described\nin this section. If additional copies of fingerprints are required, the\nperson to be fingerprinted shall furnish them upon request.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.