* § 311. Division of minority and women's business development. 1. The
head of the division of minority and women's business development shall
be the director who shall be appointed by the governor and hold office
at the pleasure of the commissioner. It shall be the duty of the
director of the division of minority and women's business development to
assist the governor in the formulation and implementation of laws and
policies relating to minority and women-owned business enterprises.

2. The director may appoint such deputies, assistants, and other
employees as may be needed for the performance of the duties prescribed
herein subject to the provisions of the civil service law and the rules
and regulations of the civil service commission. The director may
request and shall receive from any department, division, board, bureau,
executive commission or agency of the state such assistance as may be
necessary to carry out the provisions of this article.

3. The director shall have the following powers and duties:

(a) to encourage and assist contracting agencies in their efforts to
increase participation by minority and women-owned business enterprises
on state contracts and subcontracts so as to facilitate the award of a
fair share of such contracts to them;

(b) to develop standardized forms and reporting documents necessary to
implement this article;

(c) to conduct educational programs consistent with the purposes of
this article;

(d) to review periodically the practices and procedures of each
contracting agency with respect to compliance with the provisions of
this article, and to require them to file periodic reports with the
division of minority and women's business development as to the level of
minority and women-owned business enterprises participation in the
awarding of agency contracts for goods and services;

(d-1) to require all contracting state agencies to develop a four-year
growth plan to determine a means of promoting and increasing
participation by minority-owned and women-owned business enterprises
with respect to state contracts and subcontracts. Every four years,
beginning September fifteenth, two thousand twenty, each contracting
state agency shall submit a four-year growth plan as part of its annual
report to the governor and legislature pursuant to section one hundred
sixty-four of this chapter.

(e) on January first of each year report to the governor and the
chairpersons of the senate finance and assembly ways and means
committees on the level of minority and women-owned business enterprises
participating in each agency's contracts for goods and services and on
activities of the office and effort by each contracting agency to
promote employment of minority group members and women, and to promote
and increase participation by certified businesses with respect to state
contracts and subcontracts so as to facilitate the award of a fair share
of state contracts to such businesses. The comptroller shall assist the
division in collecting information on the participation of certified
business for each contracting agency. Such report may recommend new
activities and programs to effectuate the purposes of this article;

(f) to prepare and update, no less than annually, a directory of
certified minority and women-owned business enterprises which shall,
wherever practicable, (i) make publicly available records of all
certifications and recertifications, (ii) be divided into categories of
labor, services, supplies, equipment, materials and recognized
construction trades, and (iii) indicate areas or locations of the state
where such enterprises are available to perform services;

(g) to appoint independent hearing officers who by contract or terms
of employment shall preside over adjudicatory hearings pursuant to
section three hundred fourteen of this article for the office and who
are assigned no other work by the office;

(h) to make publicly available on the division's website records of
all revocations of certification for convictions for fraudulently
misrepresenting the status of minority or women-owned business
enterprises or for evidence of fraudulent conduct with regard to
participation of a minority or women-owned business enterprise in the
performance of state contracts and the reasoning for such revocations
after a final determination has been made, provided that information
falling into the categories enumerated in paragraphs (a) through (j) of
subdivision two of section eighty-seven of the public officers law shall
be withheld;

(i) notwithstanding the provisions of section two hundred ninety-six
of this chapter, to file a complaint pursuant to the provisions of
section two hundred ninety-seven of this chapter where the director has
knowledge that a contractor may have violated the provisions of
paragraph (a), (b) or (c) of subdivision one of section two hundred
ninety-six of this chapter where such violation is unrelated, separate
or distinct from the state contract as expressed by its terms;

(j) to streamline the state certification process to accept federal
and municipal corporation certifications;

(k) to make publicly available on the division's website records of
all waivers of compliance reported pursuant to paragraph (b) of
subdivision six of section three hundred thirteen of this article,
including the reasoning for denial of such waivers after a final
determination has been made, provided that information falling into the
categories enumerated in paragraphs (a) through (j) of subdivision two
of section eighty-seven of the public officers law shall be withheld;

(l) to work in conjunction with the industrial commissioner pursuant
to paragraph (j) of subdivision one of section eight hundred eleven of
the labor law to assist contractors in identifying minority group
members and women who are participating in apprenticeship agreements
under article twenty-three of the labor law; and

(m) to coordinate with appropriate offices, agencies, or authorities,
where applicable, to conduct site visits or perform inspections of
financial records of minority or women-owned business enterprises in
accordance with this article and the regulations of the director.

4. The director shall provide assistance to, and facilitate access to
programs serving certified businesses as well as applicants to ensure
that such businesses benefit, as needed, from technical, managerial and
financial, and general business assistance; training; marketing;
organization and personnel skill development; project management
assistance; technology assistance; bond and insurance education
assistance; and other business development assistance. The director
shall maintain a toll-free number at the department of economic
development to be used to answer questions concerning the MWBE
certification process. In addition, the director may, either
independently or in conjunction with other state agencies:

(a) develop a clearinghouse of information on programs and services
provided by entities that may assist such businesses;

(b) review bonding and paperwork requirements imposed by contracting
agencies that may unnecessarily impede the ability of such businesses to
compete; and

(c) seek to maximize utilization by minority and women-owned business
enterprises of available federal resources including but not limited to
federal grants, loans, loan guarantees, surety bonding guarantees,
technical assistance, and programs and services of the federal small
business administration.

(d) conduct outreach events, training workshops, seminars, and other
such educational programs throughout the state, including all regional
offices, to state agencies, external stakeholders, and the public, to
promote awareness and utilization of minority and women-owned business
enterprises; and

(e) identify and establish mentorship opportunities and other business
development programs to increase capacity and better prepare MWBEs for
bidding on contracts with state agencies upon successful completion of
the mentorship opportunity. Such mentorship opportunities shall be
intended to ensure that mentor and mentee are connected based on a
commercially useful function.

* NB Repealed December 31, 2024