S T A T E O F N E W Y O R K
________________________________________________________________________
4134--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 31, 2025
___________
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 denied, revoked,
or changed
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, REVOK-
ING, OR CHANGING CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH
CERTIFICATION HAS BEEN SO DENIED, REVOKED, OR CHANGED 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, OR CHANGING certification OTHER THAN FROM AN OMISSION OR
TECHNICAL ERROR, the business enterprise for which certification has
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05101-03-6
A. 4134--A 2
been so denied [or], revoked, OR CHANGED shall, upon written request
made within [thirty] SIXTY days from receipt of notice of such determi-
nation, 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] SIXTY day period, such
determination shall be deemed to be final. UPON THE TIMELY FILING OF A
WRITTEN REQUEST FOR A HEARING PURSUANT TO THIS SUBDIVISION, ANY CERTIF-
ICATION THAT WAS DENIED, REVOKED, OR CHANGED SHALL BE RESTORED AND SHALL
REMAIN IN FULL FORCE AND EFFECT PENDING THE ISSUANCE OF A FINAL ORDER BY
THE DIRECTOR PURSUANT TO THIS SUBDIVISION. The independent hearing offi-
cer shall conduct a hearing, WITHIN TWENTY-ONE DAYS OF RECEIPT OF THE
WRITTEN REQUEST FOR 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.