Bill Text: NY S07836 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the director of the division of minority and women's business development in the department of economic development to give additional time for a business enterprise to cure defects in its application for certification or correct defects when a certification is revoked.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-28 - ADVANCED TO THIRD READING [S07836 Detail]

Download: New_York-2023-S07836-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7836

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 27, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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          ication and curing defects where a certification was revoked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:

     1    Section 1. Subdivision 3 of section  314  of  the  executive  law,  as
     2  amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
     3  follows:
     4    3. Following application for certification pursuant to  this  section,
     5  the  director  shall  provide  the  applicant with written notice of the
     6  status of the application, including notice of any outstanding deficien-
     7  cies, within twenty-one days. Within forty-five days of submission of  a
     8  final  completed  application,  the director shall provide the applicant
     9  with written notice of a determination by the office approving or  deny-
    10  ing such certification and, in the event of a denial a statement setting
    11  forth  the  reasons  for  such  denial.  Upon a determination denying or
    12  revoking certification, the business enterprise for which  certification
    13  has  been so denied or revoked shall be entitled to an extension of time
    14  not to exceed sixty days for curing an omission or technical  error,  as
    15  such  terms  are determined by the director, on the application for such
    16  certification, which shall allow the business enterprise to  immediately
    17  re-apply  to  the  statewide  certification  program upon remedy of such
    18  application. Upon a  determination  denying  or  revoking  certification
    19  other  than from an omission or technical error, the business enterprise
    20  for which certification has been so denied or revoked shall, upon  writ-
    21  ten  request  made  within [thirty] sixty days from receipt of notice of
    22  such determination, be entitled to a hearing before an independent hear-
    23  ing officer designated for such purpose by the director.  In  the  event
    24  that  a request for a hearing is not made within such thirty day period,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13646-01-3
        S. 7836                             2

     1  such determination shall be deemed to be final. The independent  hearing
     2  officer shall conduct a hearing and upon the conclusion of such hearing,
     3  issue  a  written  recommendation  to the director to affirm, reverse or
     4  modify  such  determination of the director. Such written recommendation
     5  shall be issued to the parties. The director,  within  thirty  days,  by
     6  order,  must accept, reject or modify such recommendation of the hearing
     7  officer and set forth in writing  the  reasons  therefor.  The  director
     8  shall  serve a copy of such order and reasons therefor upon the business
     9  enterprise by personal service  or  by  certified  mail  return  receipt
    10  requested. The order of the director shall be subject to review pursuant
    11  to article seventy-eight of the civil practice law and rules.
    12    §  2.  This act shall take effect immediately; provided, however, that
    13  the amendments to subdivision 3 of section 314 of the executive law made
    14  by section one of this act shall not affect the repeal of  such  section
    15  and shall be deemed repealed therewith.