Title 19 Part 198

Fingerprints taken pursuant to General Business Law, section 899-bbb shall be taken by a method prescribed by the Division of Criminal Justice Services.

Within five business days after receipt of an application for registration as a document destruction contractor, the Department of State shall transmit to the Division of Criminal Justice Services two sets of fingerprints and the fees required pursuant to 837(8-a) of the Executive Law for the cost of the division's full search and retain procedures. The required fees shall be paid by the applicant upon submitting the completed application to the Department of State. The Division of Criminal Justice Services shall ascertain whether or not the applicant has been charged with or convicted of a crime and shall provide a criminal history report to the Department of State. The Department of State may cause to be conducted an investigation to verify the information contained in the criminal history report and the application for a document destruction contractor license. The department, in consultation with the division, may waive such background checks, investigations and fees if in its opinion, the applicant has been subject to previous background checks and investigation requirements which meet or exceed the requirements of this section.

Each registered document destruction contractor shall supervise its employees and their business activities. Such supervision shall include but not be limited to regular, frequent and consistent personal guidance, instruction, oversight and superintendence by such contractor with respect to its general business and all matters relating thereto.

Any person who is or has been an employee of a registered document destruction contractor shall not divulge to anyone other than his or her employer, except as may be required by law, any information acquired by him or her during such employment in respect to any of the work to which he or she shall have been assigned by such employer.

A document destruction contractor, or the principal of any document destruction firm, company, partnership, corporation or organization registered under article 39-G of the General Business Law which has its registration revoked or suspended by the Department of State shall be ineligible to re-register as a document destruction contractor for the period of such revocation or suspension. A document destruction contractor whose license has been revoked or suspended shall be prohibited from acting as a principal of any document destruction contractor firm, company, partnership, corporation or organization or from employing other persons to conduct document destruction services for the period of the revocation or suspension.

A registered document destruction contractor who is convicted of a crime as defined in the Penal Law in this State or an offense which would constitute a crime if committed in New York in any other state or Federal or foreign jurisdiction, shall give notice of such conviction to the Department of State, Division of Licensing Services, at its Albany office, by certified mail, return receipt requested, within 10 days from date of conviction.

All documents or receipts issued by a registered document destruction contractor shall contain the unique identification number issued to such individual or business and the phrase "registered with the N.Y.S. Department of State.''

All principals and employees of registered document destruction contractors shall be subject to the enforcement provisions contained in article 39-G of the General Business Law.