§ 3-01 Employees and Agents Required to Submit Fingerprints and Disclosure.
RCNY § 3-01
(a)Each person not otherwise a principal as defined in 17 RCNY § 1-02 who is an employee or agent or prospective employee or agent of an applicant for a license or a licensee and who is in a managerial capacity or in a job category listed in Appendix A to this subchapter, 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) be photographed by the Commission and provide the disclosure set forth 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, including without limitation documents and deposition testimony, as the Commission determines is necessary to render determination.
(b)Where, at any time subsequent to an investigation of an employee or agent pursuant to the provisions of subdivision a of this section, the Commission has reasonable cause to believe that such employee or agent lacks good character, honesty and integrity, the Commission may conduct an additional investigation of such employee or agent and may require, if necessary, that such employee or agent provide information updating, supplementing or explaining information previously submitted.
(c)Where, following a background investigation required by subdivision a of this section, the official designated by the Commission to review the findings of such investigation concludes that an employee or agent or a prospective employee or agent lacks good character, honesty and integrity, such person shall be provided with notice of such conclusion and the reasons therefor 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. In the event that a subsequent investigation of an employee or agent conducted pursuant to subdivision b of this section results in a conclusion by the reviewing official that such person lacks good character, honesty and integrity, the Commission shall provide such person with notice and the opportunity for a hearing pursuant to the provisions of 17 RCNY § 1-03 to contest such determination before the Commission makes a final determination. (Amended City Record 7/7/2021, eff. 8/6/2021)
