Bill Text: NY A08468 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Introduced) 2024-03-20 - print number 8468a [A08468 Detail]

Download: New_York-2023-A08468-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8468

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 29, 2023
                                       ___________

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

        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          ication and curing defects where a certification was revoked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 day  period,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13646-01-3
        A. 8468                             2

     1  such  determination shall be deemed to be final. The independent hearing
     2  officer shall conduct a hearing and upon the conclusion of such hearing,
     3  issue a written recommendation to the director  to  affirm,  reverse  or
     4  modify  such  determination of the director. Such written recommendation
     5  shall be issued to the parties. The director,  within  thirty  days,  by
     6  order,  must accept, reject or modify such recommendation of the hearing
     7  officer and set forth in writing  the  reasons  therefor.  The  director
     8  shall  serve a copy of such order and reasons therefor upon the business
     9  enterprise by personal service  or  by  certified  mail  return  receipt
    10  requested. The order of the director shall be subject to review pursuant
    11  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.