* § 316. Enforcement. 1. Upon receipt by the director of a complaint
by a contracting agency that a contractor has violated the provisions of
a state contract which have been included to comply with the provisions
of this article or of a contractor that a contracting agency has
violated such provisions or has failed or refused to issue a waiver
where one has been applied for pursuant to subdivision six of section
three hundred thirteen of this article or has denied such application,
the director shall attempt to resolve the matter giving rise to such
complaint. If efforts to resolve such matter to the satisfaction of all
parties are unsuccessful, the director shall refer the matter, within
thirty days of the receipt of the complaint, to the division's hearing
officers. Upon conclusion of the administrative hearing, the hearing
officer shall submit to the director his or her decision regarding the
alleged violation of the contract and recommendations regarding the
imposition of sanctions, fines or penalties. The director, within ten
days of receipt of the decision, shall file a determination of such
matter and shall cause a copy of such determination along with a copy of
this article to be served upon the contractor by personal service or by
certified mail return receipt requested. The decision of the hearing
officer shall be final and may only be vacated or modified as provided
in article seventy-eight of the civil practice law and rules upon an
application made within the time provided by such article. The
determination of the director as to the imposition of any fines,
sanctions or penalties shall be reviewable pursuant to article
seventy-eight of the civil practice law and rules. The penalties imposed
for any violation which is premised upon either a fraudulent or
intentional misrepresentation by the contractor or the contractor's
willful and intentional disregard of the minority and women-owned
participation requirement included in the contract may include a
determination that the contractor shall be ineligible to submit a bid to
any contracting agency or be awarded any such contract for a period not
to exceed one year following the final determination; provided however,
if a contractor has previously been determined to be ineligible to
submit a bid pursuant to this section, the penalties imposed for any
subsequent violation, if such violation occurs within five years of the
first violation, may include a determination that the contractor shall
be ineligible to submit a bid to any contracting agency or be awarded
any such contract for a period not to exceed five years following the
final determination. The division of minority and women's business
development shall maintain a website listing all contractors that have
been deemed ineligible to submit a bid pursuant to this section and the
date after which each contractor shall once again become eligible to
submit bids.

2. Any fines, or portion thereof, imposed pursuant to the foregoing
subdivision, or imposed by a court of competent jurisdiction related to
convictions involving fraud related to this article or otherwise
involving a minority or women-owned business enterprise, may be required
by the entity imposing such fines to be paid to the minority and
women-owned business enterprise fund established pursuant to section
ninety-seven-k of the state finance law.

* NB Repealed July 1, 2025