S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10025
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law,  in  relation  to requiring the
   completion of certification as a  minority-  or  woman-owned  business
   enterprise  to  be  completed  within  thirty  days of submission of a
   final, completed application and directing the director of  the  divi-
   sion of minority and women's business development in the department of
   economic development to establish a procedure enabling the division to
   expedite  the  statewide  MWBE  certification  process  by outsourcing
   certain certification functions to local MWBE  consultants  and/or  to
   appropriate  chambers of commerce focused on minority- and women-owned
   business enterprises
 
   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 added
 by chapter 261 of the laws of 1988, is amended and a new subdivision 2-b
 is added to read as follows:
   2-B. THE DIRECTOR SHALL ESTABLISH A PROCEDURE ENABLING THE DIVISION TO
 EXPEDITE  THE  STATEWIDE  CERTIFICATION  PROCESS  BY OUTSOURCING CERTAIN
 CERTIFICATION FUNCTIONS TO LOCAL MWBE CONSULTANTS AND/OR TO  APPROPRIATE
 CHAMBERS  OF  COMMERCE  AND OTHER ORGANIZATIONS FOCUSED ON MINORITY- AND
 WOMEN-OWNED BUSINESS ENTERPRISES. CERTIFICATION  THROUGH  SUCH  ENTITIES
 SHALL  COMPLY IN ALL RESPECTS WITH THE REQUIREMENTS FOR CERTIFICATION AS
 PROVIDED IN THIS SECTION AND IN THE RULES AND REGULATIONS OF THE  DIREC-
 TOR.
   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 thirty days. Within [sixty] THIRTY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14910-02-8

 A. 10025                            2
 
 has been so denied or revoked shall, upon written  request  made  within
 thirty days from receipt of notice of such determination, be entitled to
 a  hearing  before  an  independent  hearing officer designated for such
 purpose  by  the  director. In the event that a request for a hearing is
 not made within such thirty 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  recom-
 mendation  to  the  director  to affirm, reverse or modify such determi-
 nation 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 on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to section 314
 of the executive law made by section one of this act  shall  not  affect
 the expiration of such section and shall be deemed to expire therewith.