Bill Text: NY A07932 | 2023-2024 | General Assembly | Introduced

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Bill Title: Grants provisional MWBE certification status for one year for applicants who do not receive a determination approving or denying their application for MWBE certification within ninety days of applying.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-01-03 - referred to governmental operations [A07932 Detail]

Download: New_York-2023-A07932-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7932

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     August 4, 2023
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to  granting  provisional
          MWBE  certification  status  for  applicants  who  are not approved or
          denied for MWBE status within ninety days

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section  314 of the executive law, as
     2  amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
     3  follows:
     4    3.  (a)  Following  application  for  certification  pursuant  to this
     5  section, the director shall provide the applicant with written notice of
     6  the status of the application, including notice of any outstanding defi-
     7  ciencies, within twenty-one days. Within forty-five days  of  submission
     8  of  a final completed application, the director shall provide the appli-
     9  cant with written notice of a determination by the office  approving  or
    10  denying  such  certification  and,  in the event of a denial a statement
    11  setting forth the reasons for such denial. If such written notice  of  a
    12  determination  is  not provided to the applicant within ninety days, the
    13  director shall grant provisional MWBE certification status,  as  defined
    14  by  subdivision  twenty-three of section three hundred ten of this arti-
    15  cle, to such applicant. Upon the expiration  of  such  provisional  MWBE
    16  certification,  the  director  shall  provide the applicant with written
    17  notice of a final determination by the office approving or denying  such
    18  certification  and,  in the event of a denial, a statement setting forth
    19  the reasons for such denial.
    20    (b) Upon a determination denying or revoking certification, the  busi-
    21  ness  enterprise  for  which certification has been so denied or revoked
    22  shall, upon written request made within  thirty  days  from  receipt  of
    23  notice  of  such determination, be entitled to a hearing before an inde-
    24  pendent hearing officer designated for such purpose by the director.  In

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11896-01-3
        A. 7932                             2

     1  the  event  that  a request for a hearing is not made within such thirty
     2  day period, such determination shall be deemed to be  final.  The  inde-
     3  pendent  hearing officer shall conduct a hearing and upon the conclusion
     4  of  such  hearing,  issue  a  written  recommendation to the director to
     5  affirm, reverse or modify such determination of the director. Such writ-
     6  ten recommendation shall be issued to the parties. The director,  within
     7  thirty days, by order, must accept, reject or modify such recommendation
     8  of  the  hearing  officer and set forth in writing the reasons therefor.
     9  The director shall serve a copy of such order and reasons therefor  upon
    10  the  business enterprise by personal service or by certified mail return
    11  receipt requested. The order of the director shall be subject to  review
    12  pursuant to article seventy-eight of the civil practice law and rules.
    13    §  2.  This act shall take effect immediately; provided, however, that
    14  the amendments to subdivision 3 of section 314 of the executive law made
    15  by section one of this act shall not affect the repeal of  such  section
    16  and shall be deemed repealed therewith.