Section 379 Of Article 4. Administration Of The Department From California Financial Code >> Division 1. >> Chapter 3. >> Article 4.
379
. (a) For the purposes of this section the following definitions
shall apply:
(1) "Control" has the meaning set forth in subdivision (b) of
Section 1250. "Control" also means the ownership of a subject person
by means of sole proprietorship, partnership, or by any other similar
means.
(2) "Controlling person" means a person who, directly or
indirectly, controls a subject person.
(3) "Subject person" means any licensee.
(b) Notwithstanding any other provision of law, and subject to
subdivision (c), the commissioner may deliver, or cause to be
delivered, to local, state, or federal law enforcement agencies
fingerprints taken of any of the following:
(1) An applicant for employment with the department.
(2) A person licensed, or proposed to be licensed, as a subject
person.
(3) A director, officer, or employee of an existing or proposed
subject person.
(4) An existing or proposed controlling person of a subject
person.
(5) A director, officer, or employee of an existing or proposed
controlling person of a subject person.
(6) A director, officer, or employee of an existing or proposed
affiliate of a subject person.
(c) The authorization in subdivision (b) may only be used by the
department for the purpose of obtaining information regarding an
individual as to the existence and nature of the criminal record, if
any, of that individual relating to convictions, and to any arrest
for which the individual is released on bail or on his or her own
recognizance pending trial, for the commission or attempted
commission of a crime involving robbery, burglary, theft,
embezzlement, fraud, forgery, bookmaking, receiving stolen property,
counterfeiting, or involving checks or credit cards or using
computers.
(d) No request shall be submitted pursuant to this section without
the written consent of the person affected.
(e) Any criminal history information obtained pursuant to this
section shall be confidential and no recipient shall disclose its
contents other than for the purpose for which it was acquired.