§ 3-02 Investigation of Other Employees or Agents.
RCNY § 3-0
(a)Where the Commission has reasonable cause to believe that an employee or agent or prospective employee or agent of a licensee or an applicant for a license not subject to the provisions of 17 RCNY § 3-01 lacks good character, honesty and integrity, the Commission shall notify such employee or agent or prospective employee or agent that he or she shall: (i) be fingerprinted by a person designated for such purpose by the Commission and pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records; and (ii) provide the disclosure required in subparagraphs (b) through (n) of paragraph (ii) of subdivision b of § 16-508 of the Code on the form provided by the Commission and pay the fee of six hundred ($600) dollars for the investigation of such information, except that such employee or agent or prospective employee or agent of an applicant for a micro-hauler license or a micro-hauler licensee shall pay a fee of one hundred dollars ($100) for the investigation of such information. Following receipt of such disclosure, the Commission may require such additional information related to such disclosure including without limitation documents and deposition testimony, as the Commission determines is necessary to render determination.
(b)Where, in conjunction with the application for a license for trade waste removal pursuant to § 16-508 of the Code and following a background investigation conducted pursuant to this section, the official designated by the Commission to review the findings of such investigation concludes that an employee or agent or prospective employee or agent not subject to the provisions of 17 RCNY § 3-01 and identified on a list submitted by such applicant pursuant to 17 RCNY § 2-02 lacks good character, honesty and integrity, such person shall be provided with notice of such conclusion and the reasons therefore and may contest the conclusion in person or in writing to such official. Such official shall review such response and, in the event that he or she continues to find that such person lacks good character, honesty and integrity, shall submit such final conclusion to the Commission. In the exercise of its discretion, the Commission considering the information which forms the basis for the conclusion of such official, the nature of the issues raised in connection therewith, and of any response submitted by the employee or agent, may: (i) make a final determination regarding such person; (ii) notify such person that he or she may appear in person to meet with the Commission or a designee of the Commission in order to present oral explanation and respond to questions prior to a final determination being made; or (iii) notify such person that he or she shall be provided the opportunity for a hearing pursuant to the provisions of 17 RCNY § 1-03 prior to a final determination being made. Where, at any time subsequent to the issuance of the license and following an investigation conducted pursuant to the provisions of this subdivision of any such employee or agent identified on the list submitted by such applicant pursuant to 17 RCNY § 2-02, the reviewing official concludes that such employee or agent lacks good character, honesty and integrity, such person shall be provided with notice of such conclusion and the reasons therefor and the opportunity for a hearing pursuant to the provisions of 17 RCNY § 1-03 in order to contest such conclusion before the Commission makes a final determination.
(c)Where, within sixty days following notification by a licensee pursuant to § 16-520 of the Code that the licensee proposes to hire or retain or has hired or retained an additional employee or agent who is not subject to the provisions of 17 RCNY § 3-01, the Commission requires such person to be fingerprinted and submit the information required pursuant to this section and at any time thereafter the official designated by the Commission to review the findings of such investigation concludes that such person lacks good character, honesty and integrity, such person shall be provided with notice of such conclusion and the reasons therefor and the opportunity to respond in writing to the Commission before the Commission makes a final determination. Where, following such sixty day period, the Commission requires a background investigation pursuant to this subdivision and the reviewing official makes such a conclusion, the Commission shall provide such person with notice and an opportunity for a hearing pursuant to the provisions of 17 RCNY § 1-03 in order to contest such conclusion before the Commission makes a final determination.
(d)A licensee shall not employ or engage as an agent any person with respect to whom the Commission has made a final determination, following a background investigation conducted pursuant to this subdivision, that such person lacks good character, honesty and integrity. (Amended City Record 7/7/2021, eff. 8/6/2021)
