§ 3035. Duties of commissioner; submission of fingerprints. 1. The\ncommissioner shall submit to the division of criminal justice services\ntwo sets of fingerprints of prospective employees as defined in\nsubdivision three of section eleven hundred twenty-five of this chapter\nreceived from a school district, charter school or board of cooperative\neducational services and of prospective employees received from\nnonpublic and private elementary and secondary schools pursuant to title\ntwo of this chapter, and the division of criminal justice services\nprocessing fee imposed pursuant to subdivision eight-a of section eight\nhundred thirty-seven of the executive law and any fee imposed by the\nfederal bureau of investigation. The division of criminal justice\nservices and the federal bureau of investigation shall forward such\ncriminal history record to the commissioner in a timely manner. For the\npurposes of this section, the term "criminal history record" shall mean\na record of all convictions of crimes and any pending criminal charges\nmaintained on an individual by the division of criminal justice services\nand the federal bureau of investigation. All such criminal history\nrecords sent to the commissioner pursuant to this subdivision shall be\nconfidential pursuant to the applicable federal and state laws, rules\nand regulations, and shall not be published or in any way disclosed to\npersons other than the commissioner, unless otherwise authorized by law.\n 2. No cause of action against the commissioner, the department or the\ndivision of criminal justice services for damages related to the\ndissemination of criminal history records pursuant to this section shall\nexist when the commissioner, department or division of criminal justice\nservices has reasonably and in good faith relied upon the accuracy and\ncompleteness of criminal history information furnished to it by\nqualified agencies. The provision of such information by the division of\ncriminal justice services shall be subject to the provisions of\nsubdivision sixteen of section two hundred ninety-six of the executive\nlaw. The consideration of such criminal history record by the\ncommissioner shall be subject to article twenty-three-A of the\ncorrection law.\n 3. (a) Clearance. After receipt of a criminal history record from the\ndivision of criminal justice services and the federal bureau of\ninvestigation the commissioner shall promptly notify the appropriate\nschool district, charter school, board of cooperative educational\nservices, or nonpublic or private elementary or secondary school whether\nthe prospective employee to which such report relates is cleared for\nemployment based upon his or her criminal history. All determinations to\ngrant or deny clearance for employment pursuant to this paragraph shall\nbe performed in accordance with subdivision sixteen of section two\nhundred ninety-six of the executive law and article twenty-three-A of\nthe correction law. When the commissioner denies a prospective employee\nclearance for employment, such prospective employee shall be afforded\nnotice and the right to be heard and offer proof in opposition to such\ndetermination in accordance with the regulations of the commissioner.\n (b) Conditional clearance. When the commissioner receives a request\nfor a determination on the conditional clearance of a prospective\nemployee, the commissioner, after receipt of a criminal history record\nfrom the division of criminal justice services, shall promptly notify\nthe prospective employee and the appropriate school district, charter\nschool, board of cooperative educational services, or nonpublic or\nprivate elementary or secondary school that the prospective employee to\nwhich such report relates is conditionally cleared for employment based\nupon his or her criminal history or that more time is needed to make the\ndetermination. If the commissioner determines that more time is needed,\nthe notification shall include
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