§ 652-A — Employees of the New York state higher education services corporation; background checks

§ 652-a. Employees of the New York state higher education services\ncorporation; background checks. 1. Current and prospective employees of\nthe corporation shall be subject to background and security clearance\ninvestigations required in the ordinary course of the corporation's\nbusiness if background and security clearance are necessary for employee\nparticipation or proposed participation in the administration of federal\nstudent loans or other federal programs under the federal direct loan\nprogram.\n 2. Such background or security clearance investigation shall be\nperformed by the corporation or on behalf of the corporation by a state\nor federal government agency authorized to perform such investigations.\nThe corporation shall be authorized to request and receive from the\ndivision of criminal justice services or federal government agency\nhaving facilities for performing such services: security clearance\ninformation, including criminal background and credit information for\ncorporation employees, New York state employees seeking transfer to the\ncorporation under section seventy of the civil service law, New York\nstate employees seeking hire at the corporation who are on a preferred\nlist subject to section eighty-one of the civil service law, or New York\nstate employees seeking hire at the corporation through their place on\nan eligible list as defined in section fifty-six of the civil service\nlaw and who have successfully completed a promotional exam subject to\nsection fifty-two of the civil service law if such security information\nis necessary for the employees to be in compliance with the\nadministration of federal student loans or other federal programs under\nthe federal direct loan program. The corporation shall inform subjects\nof background and security clearance investigations of the factors to be\nconsidered in the evaluation of the criminal background information and\ncredit information obtained.\n 3. If an employee or prospective employee needs background and\nsecurity clearance in order to be compliant with the administration of\nfederal student loans or other federal programs under the federal direct\nloan program, the corporation shall be authorized to require such an\nemployee or prospective employee to submit to the corporation or other\nstate or federal government agency authorized to perform such\ninvestigations identifying information, which shall include\nfingerprints, personal information, or other authorizations, required by\nthe corporation or the division of criminal justice services or federal\ngovernment agency authorized to perform such investigations. The\nfingerprints so obtained shall be forthwith forwarded to the division of\ncriminal justice services for a state criminal history record check, and\nthe federal bureau of investigation or other federal government agency\nhaving facilities for conducting a national criminal history record\ncheck, for the purposes of determining whether or not criminal charges\nare pending against the employee or prospective employee or whether or\nnot the employee or prospective employee had previously been convicted\nof a crime, and such agency shall report a finding of such pending\ncharges and previous convictions, if any, to the corporation in writing\nor by electronic means or any other method agreed upon by the\ncorporation and the agency. All such criminal history records or other\nbackground information received by the corporation shall be confidential\npursuant to applicable federal and state laws, rules and regulations,\nand shall not be published or in any way disclosed except to those\nemployees of the corporation responsible for evaluating the information\nobtained or upon the request of federal officials responsible for\nadministration of a federal student loan program. All determinations\nmade pursuant to this section shall be in accordance with the provisions\nof subdivision sixteen of section two hundred ninety-six of the\nexecutive law and article twenty-three-A of the correction law unless\nsuch provisions are in direct conflict with federal law or federal loan\nprogram requirements. The corporation shall provide the subject of the\ncriminal history check or checks with a copy of any criminal history\nrecord together with a copy of article twenty-three-A of the correction\nlaw and inform such applicant of his or her right to seek correction of\nany incorrect information contained in such record. The subject shall\nhave the right to seek correction of any incorrect information contained\nin such records pursuant to applicable state and federal laws and\nregulations. The corporation shall be responsible for any fees\nassociated with background and security checks required by this section\nfor current employees.\n