Bill Text: NY S07836 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is revoked.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - referred to governmental operations [S07836 Detail]

Download: New_York-2023-S07836-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7836--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 27, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on Procurement and Contracts in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to extending the time for
          a  business  enterprise  to cure defects in an application for certif-
          ication and curing defects where a certification was revoked

          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.  Following  application for certification pursuant to this section,
     5  the director shall provide the applicant  with  written  notice  of  the
     6  status of the application, including notice of any outstanding deficien-
     7  cies,  within twenty-one days. Within forty-five days of submission of a
     8  final completed application, the director shall  provide  the  applicant
     9  with  written notice of a determination by the office approving or deny-
    10  ing such certification and, in the event of a denial a statement setting
    11  forth the reasons for such  denial.  Upon  a  determination  denying  or
    12  revoking  certification, the business enterprise for which certification
    13  has been so denied or revoked shall be entitled to an extension of  time
    14  not  to  exceed sixty days for curing an omission or technical error, as
    15  such terms are determined by the director, on the application  for  such
    16  certification,  which shall allow the business enterprise to immediately
    17  re-apply to the statewide certification  program  upon  remedy  of  such
    18  application.  Upon  a  determination  denying  or revoking certification
    19  other than from an omission or technical error, the business  enterprise
    20  for  which certification has been so denied or revoked shall, upon writ-
    21  ten request made within [thirty] sixty days from receipt  of  notice  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13646-02-4
        S. 7836--A                          2

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