S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4184
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM -- Multi-Sponsored by -- M. of A.
   DAVILA -- read once and referred  to  the  Committee  on  Governmental
   Operations
 
 AN  ACT  to amend the executive law, in relation to granting provisional
   MWBE certification status for  applicants  who  are  not  approved  or
   denied for MWBE status within ninety days

   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. (A)  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 defi-
 ciencies,  within  twenty-one days. Within forty-five days of submission
 of a final completed application, the director shall provide the  appli-
 cant  with  written notice of a determination by the office approving or
 denying such certification and, in the event of  a  denial  a  statement
 setting  forth  the reasons for such denial. IF SUCH WRITTEN NOTICE OF A
 DETERMINATION IS NOT PROVIDED TO THE APPLICANT WITHIN NINETY  DAYS,  THE
 DIRECTOR  SHALL  GRANT PROVISIONAL MWBE CERTIFICATION STATUS, AS DEFINED
 BY SUBDIVISION TWENTY-THREE OF SECTION THREE HUNDRED TEN OF  THIS  ARTI-
 CLE,  TO  SUCH  APPLICANT.  UPON THE EXPIRATION OF SUCH PROVISIONAL MWBE
 CERTIFICATION, THE DIRECTOR SHALL PROVIDE  THE  APPLICANT  WITH  WRITTEN
 NOTICE  OF A FINAL DETERMINATION BY THE OFFICE APPROVING OR DENYING SUCH
 CERTIFICATION AND, IN THE EVENT OF A DENIAL, A STATEMENT  SETTING  FORTH
 THE REASONS FOR SUCH DENIAL.
   (B)  Upon a determination denying or revoking certification, the busi-
 ness 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  inde-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06512-01-5
              

 A. 4184                             2
 
 pendent  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 inde-
 pendent  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 writ-
 ten  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.