S T A T E O F N E W Y O R K
________________________________________________________________________
1480
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
___________
Introduced by M. of A. BICHOTTE, SEAWRIGHT -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring the
completion of certification as a minority or women-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-c
is added to read as follows:
2-C. 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00266-02-9
A. 1480 2
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, 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.