N.Y. Executive Law § 316: Enforcement

* § 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, 2028