S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1480
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, SEAWRIGHT -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to  amend  the  executive  law,  in  relation  to  requiring  the
   completion  of  certification  as  a  minority or women-owned business
   enterprise to be completed within  thirty  days  of  submission  of  a
   final,  completed  application and directing the director of the divi-
   sion of minority and women's business development in the department of
   economic development to establish a procedure enabling the division to
   expedite the  statewide  MWBE  certification  process  by  outsourcing
   certain  certification  functions  to local MWBE consultants and/or to
   appropriate chambers of commerce focused on minority- and  women-owned
   business enterprises
 
   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 added
 by chapter 261 of the laws of 1988, is amended and a new subdivision 2-c
 is added to read as follows:
   2-C. THE DIRECTOR SHALL ESTABLISH A PROCEDURE ENABLING THE DIVISION TO
 EXPEDITE THE STATEWIDE  CERTIFICATION  PROCESS  BY  OUTSOURCING  CERTAIN
 CERTIFICATION  FUNCTIONS TO LOCAL MWBE CONSULTANTS AND/OR TO APPROPRIATE
 CHAMBERS OF COMMERCE AND OTHER ORGANIZATIONS  FOCUSED  ON  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES.  CERTIFICATION THROUGH SUCH ENTITIES
 SHALL COMPLY IN ALL RESPECTS WITH THE REQUIREMENTS FOR CERTIFICATION  AS
 PROVIDED  IN THIS SECTION AND IN THE RULES AND REGULATIONS OF THE DIREC-
 TOR.
   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 thirty days. Within [sixty] THIRTY 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00266-02-9

 A. 1480                             2
 
 ing 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  recom-
 mendation  to  the  director  to affirm, reverse or modify such determi-
 nation 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 on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to section 314
 of the executive law made by section one of this act  shall  not  affect
 the expiration of such section and shall be deemed to expire therewith.