New York General Business Code § 89-I

Investigation
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§ 89-i. Investigation. Within five business days after receipt of an\napplication, the department shall transmit to the division two sets of\nfingerprints and the fees required pursuant to paragraph (b) of\nsubdivision ten of section eighty-nine-h of this article. One set of\nfingerprints and the required fee shall be submitted to the federal\nbureau of investigation for a national criminal history record check.\nThe results will be used to ascertain whether or not the applicant has\nbeen charged with or convicted of a serious offense and may cause to be\nconducted an investigation to verify the information contained in the\napplication; provided, however, that the department shall cause such\ninvestigation to be conducted for applicants whose application has not\nbeen submitted and verified pursuant to section eighty-nine-g of this\narticle. The department, in consultation with the division, may waive\nsuch background checks, investigations and fees if in its opinion, the\nsecurity guard applicant has been subject to previous background checks\nand investigation requirements which meet or exceed the requirements of\nthis section. The department, in consultation with the division, may not\nbe required to conduct background checks or investigations for\napplicants who are also employed as peace officers.\n

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