S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4134
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Governmental Operations
 
 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   ication and curing defects where a certification was revoked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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05101-01-5
              

 A. 4134                             2
 
 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.