S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8468--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on  Governmental Operations -- recommitted to the Committee on Govern-
   mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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   ication and curing defects where a certification was revoked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:
 
   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. 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 twenty-one days. Within forty-five 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-
 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 BE ENTITLED TO AN EXTENSION OF TIME
 NOT TO EXCEED SIXTY DAYS FOR CURING AN OMISSION OR TECHNICAL  ERROR,  AS
 SUCH  TERMS  ARE DETERMINED BY THE DIRECTOR, ON THE APPLICATION FOR SUCH
 CERTIFICATION, WHICH SHALL ALLOW THE BUSINESS ENTERPRISE TO  IMMEDIATELY
 RE-APPLY  TO  THE  STATEWIDE  CERTIFICATION  PROGRAM UPON REMEDY OF SUCH
 APPLICATION. Upon a  determination  denying  or  revoking  certification
 OTHER  THAN FROM AN OMISSION OR TECHNICAL ERROR, the business enterprise
 for which certification has been so denied or revoked shall, upon  writ-
 ten  request  made  within [thirty] SIXTY days from receipt of notice of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13646-03-4
              

 A. 8468--A                          2
 
 such determination, be entitled to a hearing before an independent hear-
 ing officer designated for such purpose by the director.  In  the  event
 that  a request for a hearing is not made within such [thirty] SIXTY 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  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.