(a) The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section 413.2 of this Part, and any person age 18 or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

(b) The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act in accordance with a schedule developed by the office for any existing operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, and any person age 18 or older living in a group family day care home or family day care home:

(c) In addition to the clearances required pursuant to subdivisions (a) and (b) of this section, the following clearances, for which ongoing criminal history results are not already provided, shall be conducted in accordance with a schedule developed by the office for any operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section 413.2 of this Part, and any person age 18 or older living or who begins to live in a group family day care home or family day care home, living or who lived in any state other than New York during the preceding 5 years:

A safety assessment performed in accordance with this section shall include, but not be limited to:

(h) Any person who the office determines, pursuant to this section, should be denied employment or a volunteer position at a child day care program based on an offense not listed in paragraph (e)(1) of this section and to which article 23-A of the Correction Law is applicable, shall have the ability to request a de novo review of the determination, to be held and completed before the employer is notified of such determination. Such person shall have reasonable notice concerning the determination, information regarding how to request a review of that determination, and an opportunity to provide any additional information that such person deems relevant to such determination. Such person may choose whether the review will be conducted either through submission of written materials to a hearing officer, or to be heard in person in an administrative hearing before a hearing officer, or by video conference in an administrative hearing before a hearing officer if reasonably available. Regardless of the method in which the review is conducted, where such request is made, the office shall also have an opportunity to be heard.

(i) Upon receipt of a criminal history record, the office may request, and is entitled to receive, information pertaining to any crime contained in such criminal history record from any state or local law enforcement agency, district attorney, parole officer, probation officer or court for the purposes of determining whether any grounds relating to such criminal conviction or pending criminal charge exists for denying a license, registration, application or employment.

Where the office or its designee denies or directs a licensee or registrant to deny an application based on the criminal history record, the licensee or registrant must notify the applicant that such criminal history record is the basis of the denial. The office shall also notify such person that the criminal record check was the basis for the denial of clearance and shall provide such person with a copy of the results of the national criminal record check upon which such action was based, a written statement setting forth the reasons for the denial and a copy of article 23-A of the Correction Law, and inform such person of his or her right to seek correction of any incorrect information contained in such national record check provided by the Federal Bureau of Investigation. The office shall not release the content of such results to any non-public entity.

(k) A child day care licensee or registrant must inform the office when:

(l) For the purposes of this section, individuals providing services pursuant to the Federal Individuals with Disabilities Education Improvement Act (IDEA) part B, IDEA part C, section 504 of the Federal Rehabilitation Act of 1973, or article 89 of the New York Education Law, may be considered volunteers.