S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7836--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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   ication and curing defects where a certification was revoked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:
 
   Section  1.  Subdivision  3  of  section  314 of the executive law, as
 amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   3.  Following  application for certification pursuant to this section,
 the director shall provide the applicant  with  written  notice  of  the
 status of the application, including notice of any outstanding deficien-
 cies,  within twenty-one days. Within forty-five days of submission of a
 final completed application, the director shall  provide  the  applicant
 with  written notice of a determination by the office approving or deny-
 ing such certification and, in the event of a denial a statement setting
 forth the reasons for such  denial.  UPON  A  DETERMINATION  DENYING  OR
 REVOKING  CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH CERTIFICATION
 HAS BEEN SO DENIED OR REVOKED SHALL BE ENTITLED TO AN EXTENSION OF  TIME
 NOT  TO  EXCEED SIXTY DAYS FOR CURING AN OMISSION OR TECHNICAL ERROR, AS
 SUCH TERMS ARE DETERMINED BY THE DIRECTOR, ON THE APPLICATION  FOR  SUCH
 CERTIFICATION,  WHICH SHALL ALLOW THE BUSINESS ENTERPRISE TO IMMEDIATELY
 RE-APPLY TO THE STATEWIDE CERTIFICATION  PROGRAM  UPON  REMEDY  OF  SUCH
 APPLICATION.  Upon  a  determination  denying  or revoking certification
 OTHER THAN FROM AN OMISSION OR TECHNICAL ERROR, the business  enterprise
 for  which certification has been so denied or revoked shall, upon writ-
 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
 
 such determination, be entitled to a hearing before an independent hear-
 ing  officer  designated  for such purpose by the director. In the event
 that a request for a hearing is not made within such [thirty] SIXTY  day
 period,  such determination shall be deemed to be final. The independent
 hearing officer shall conduct a hearing and upon the conclusion of  such
 hearing,  issue  a  written  recommendation  to  the director to affirm,
 reverse or modify such  determination  of  the  director.  Such  written
 recommendation  shall  be  issued  to  the parties. The director, within
 thirty days, by order, must accept, reject or modify such recommendation
 of the hearing officer and set forth in writing  the  reasons  therefor.
 The  director shall serve a copy of such order and reasons therefor upon
 the business enterprise by personal service or by certified mail  return
 receipt  requested. The order of the director shall be subject to review
 pursuant to article seventy-eight of the civil practice law and rules.
   § 2. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 3 of section 314 of the executive law made
 by  section  one of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.