S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7932
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- 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-
 pendent hearing officer designated for such purpose by the director.  In
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11896-01-3
              

 A. 7932                             2
 
 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.