S T A T E O F N E W Y O R K
________________________________________________________________________
8468--A
2023-2024 Regular Sessions
I N A S S E M B L Y
December 29, 2023
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
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ication and curing defects where a certification was revoked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.
LBD13646-03-4
A. 8468--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.