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This entry was published on 2019-04-19
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SECTION 369-I
Division of service-disabled veterans' business development
Executive (EXC) CHAPTER 18, ARTICLE 17-B
* § 369-i. Division of service-disabled veterans' business
development. 1. The head of the division of service-disabled veterans'
business development shall be the director who shall be appointed by the
governor and who shall hold office at the pleasure of the commissioner.

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 (i) department, division, board,
bureau, or executive commission of the state or (ii) state agency, 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) Develop, collect, summarize and disseminate information that will
be helpful to persons and organizations throughout the state in
undertaking or promoting the establishment and successful operation of a
service-disabled veteran-owned business.

(b) Develop and make available to state agencies a directory of
certified service-disabled veteran-owned business enterprises which
shall, wherever practicable, be divided into categories of labor,
services, supplies, equipment, materials and recognized construction
trades and which shall indicate areas or locations of the state where
such enterprises are available to perform services. Such directory shall
be posted on the office of general services website.

(c) Assist state agencies in the development of programs to foster and
promote the use of service-disabled veteran-owned business enterprises
on state contracts.

(d) Coordinate the plans, programs and operations of the state
government which affect or may contribute to the establishment,
preservation and development of service-disabled veteran-owned business
enterprises.

(e) To appoint independent hearing officers who by contract or terms
of employment shall preside over adjudicatory hearings pursuant to this
section for the office and who are assigned no other work by the office.

(f) In conjunction with the commissioner, develop a comprehensive
statewide plan and operational guidelines to promote service-disabled
veteran-owned business enterprises and to assist them in obtaining
opportunities to participate in the procurement of goods and services by
the state, including identification of barriers to service-disabled
veterans' business development and investigation and evaluation of their
impact on achieving the objectives of this article.

4. The commissioner shall:

(a) Coordinate training of all procurement personnel of state
agencies, emphasizing increased sensitivity and responsiveness to the
unique needs and requirements of service-disabled veteran-owned business
enterprises.

(b) Conduct a coordinated review of all existing and proposed state
training and technical assistance activities in direct support of the
service-disabled veterans' business development program to assure
consistency with the objectives of this article.

(c) Evaluate and assess availability of firms for the purpose of
increasing participation of such firms in state contracting in
consultation with relevant state entities including, but not limited to,
the New York state division of veterans' services.

(d) Provide advice and technical assistance to promote
service-disabled veteran-owned business enterprises' understanding of
state procurement laws, practices and procedures to facilitate and
increase the participation of service-disabled veteran-owned business
enterprises in state procurement.

(e) Establish regular performance reporting systems regarding
implementation of the programs designed to increase service-disabled
veteran-owned business participation in procurement contracts by state
agencies.

(f) Submit a report by the thirty-first of December each year, to the
governor, the temporary president of the senate, the speaker of the
assembly and the chairpersons of the senate finance and assembly ways
and means committees. Such report shall include information including,
but not limited to, the number of contracts entered into pursuant to
this article, the average amount of such contracts, the number of
service-disabled veteran-owned business enterprises certified, the
number of applications for certification as a service-disabled
veteran-owned business enterprise, the number of denials for such
certification, the number of appeals of such denials, and the outcome of
such appeals and the average time that is required for such
certification to be completed. Also to be included shall be the level of
service-disabled veteran-owned businesses participating in each agency's
contracts for goods and services and on activities of the division and
efforts by each contracting agency to promote utilization of
service-disabled veteran-owned businesses and to promote and increase
participation by certified service-disabled veteran-owned businesses
with respect to state contracts and subcontracts to such businesses.
Such report may recommend new activities and programs to effectuate the
purposes of this article.

5. Certification. (a) The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this
article, shall promulgate rules and regulations providing for the
establishment of a statewide certification program including rules and
regulations governing the approval, denial, or revocation of any such
certification. Such rules and regulations shall include, but not be
limited to, such matters as may be required to ensure that the
established procedures thereunder shall at least be in compliance with
the code of fair procedure set forth in section seventy-three of the
civil rights law.

(b) The division of service-disabled veterans' business development
shall be responsible for verifying businesses as being owned, operated,
and controlled by a service-disabled veteran and for certifying such
verified businesses. Status as a service-disabled veteran pursuant to
paragraph (a) of this subdivision shall be documented by a copy of the
veteran's certificate of release or discharge from active duty,
including but not limited to, a DD-214 form or an honorable service
certificate/report of causality from the department of defense, a letter
of certification by the United States department of veterans affairs or
the United States department of defense and any additional information
that may be required by the division of service-disabled veterans'
business development. In the case of the New York guard or the New York
naval militia and/or reserves thereof, status as a service-disabled
veteran pursuant to this paragraph shall be documented pursuant to rules
and regulations promulgated by the director, or in the absence of the
director, the commissioner.

(c) 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
deficiencies, within thirty days. Within sixty days of submission of a
final completed application, the director shall provide the applicant
with written notice of a determination by the director approving or
denying 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 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 reason 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.

(d) All certifications shall be valid for a period of five years.

* NB Repealed March 31, 2024