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.
STATE OF NEW YORK
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6020
2025-2026 Regular Sessions
IN SENATE
March 4, 2025
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
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ication and curing defects where a certification was revoked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
22 such determination, be entitled to a hearing before an independent hear-
23 ing officer designated for such purpose by the director. In the event
24 that a request for a hearing is not made within such [thirty] sixty day
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05101-01-5
S. 6020 2
1 period, such determination shall be deemed to be final. The independent
2 hearing officer shall conduct a hearing and upon the conclusion of such
3 hearing, issue a written recommendation to the director to affirm,
4 reverse or modify such determination of the director. Such written
5 recommendation shall be issued to the parties. The director, within
6 thirty days, by order, must accept, reject or modify such recommendation
7 of the hearing officer and set forth in writing the reasons therefor.
8 The director shall serve a copy of such order and reasons therefor upon
9 the business enterprise by personal service or by certified mail return
10 receipt requested. The order of the director shall be subject to review
11 pursuant to article seventy-eight of the civil practice law and rules.
12 § 2. This act shall take effect immediately; provided, however, that
13 the amendments to subdivision 3 of section 314 of the executive law made
14 by section one of this act shall not affect the repeal of such section
15 and shall be deemed repealed therewith.
