N.Y. Veterans' Services Law § 41: Division of service-disabled veterans' business development

§ 41. Division of service-disabled veterans' business development. 1.

The head of the division of service-disabled veterans' business

development shall be the director who shall be appointed by the governor

and who shall hold office at the pleasure of the commissioner.

2. The director may appoint such deputies, assistants, and other

employees as may be needed for the performance of the duties prescribed

herein subject to the provisions of the civil service law and the rules

and regulations of the civil service commission. The director may

request and shall receive from any (i) department, division, board,

bureau, or executive commission of the state or (ii) state agency, such

assistance as may be necessary to carry out the provisions of this

article.

3. The director shall have the following powers and duties:

(a) Develop, collect, summarize and disseminate information that will

be helpful to persons and organizations throughout the state in

undertaking or promoting the establishment and successful operation of a

service-disabled veteran-owned business.

(b) Develop and make available to state agencies a directory of

certified service-disabled veteran-owned business enterprises which

shall, wherever practicable, be divided into categories of labor,

services, supplies, equipment, materials and recognized construction

trades and which shall indicate areas or locations of the state where

such enterprises are available to perform services. Such directory shall

be posted on the office of general services website.

(c) Assist state agencies in the development of programs to foster and

promote the use of service-disabled veteran-owned business enterprises

on state contracts.

(d) Coordinate the plans, programs and operations of the state

government which affect or may contribute to the establishment,

preservation and development of service-disabled veteran-owned business

enterprises.

(e) To appoint independent hearing officers who by contract or terms

of employment shall preside over adjudicatory hearings pursuant to this

section for the office and who are assigned no other work by the office.

(f) In conjunction with the commissioner, develop a comprehensive

statewide plan and operational guidelines to promote service-disabled

veteran-owned business enterprises and to assist them in obtaining

opportunities to participate in the procurement of goods and services by

the state, including identification of barriers to service-disabled

veterans' business development and investigation and evaluation of their

impact on achieving the objectives of this article.

4. The commissioner shall:

(a) Coordinate training of all procurement personnel of state

agencies, emphasizing increased sensitivity and responsiveness to the

unique needs and requirements of service-disabled veteran-owned business

enterprises.

(b) Conduct a coordinated review of all existing and proposed state

training and technical assistance activities in direct support of the

service-disabled veterans' business development program to assure

consistency with the objectives of this article.

(c) Evaluate and assess availability of firms for the purpose of

increasing participation of such firms in state contracting in

consultation with relevant state entities including, but not limited to,

the New York state department of veterans' services.

(d) Provide advice and technical assistance to promote

service-disabled veteran-owned business enterprises' understanding of

state procurement laws, practices and procedures to facilitate and

increase the participation of service-disabled veteran-owned business

enterprises in state procurement.

(e) Establish regular performance reporting systems regarding

implementation of the programs designed to increase service-disabled

veteran-owned business participation in procurement contracts by state

agencies.

(f) Submit a report by the thirty-first of December each year, to the

governor, the temporary president of the senate, the speaker of the

assembly and the chairpersons of the senate finance and assembly ways

and means committees. Such report shall include information including,

but not limited to, the number of contracts entered into pursuant to

this article, the average amount of such contracts, the number of

service-disabled veteran-owned business enterprises certified, the

number of applications for certification as a service-disabled

veteran-owned business enterprise, the number of denials for such

certification, the number of appeals of such denials, and the outcome of

such appeals and the average time that is required for such

certification to be completed. Also to be included shall be the level of

service-disabled veteran-owned businesses participating in each agency's

contracts for goods and services and on activities of the division and

efforts by each contracting agency to promote utilization of

service-disabled veteran-owned businesses and to promote and increase

participation by certified service-disabled veteran-owned businesses

with respect to state contracts and subcontracts to such businesses.

Such report may recommend new activities and programs to effectuate the

purposes of this article.

5. Certification. (a) The director, or in the absence of the director,

the commissioner, within ninety days of the effective date of this

article, shall promulgate rules and regulations providing for the

establishment of a statewide certification program including rules and

regulations governing the approval, denial, or revocation of any such

certification. Such rules and regulations shall include, but not be

limited to, such matters as may be required to ensure that the

established procedures thereunder shall at least be in compliance with

the code of fair procedure set forth in section seventy-three of the

civil rights law.

(b) The division of service-disabled veterans' business development

shall be responsible for verifying businesses as being owned, operated,

and controlled by a service-disabled veteran and for certifying such

verified businesses. Status as a service-disabled veteran pursuant to

paragraph (a) of this subdivision shall be documented by a copy of the

veteran's certificate of release or discharge from active duty,

including but not limited to, a DD-214 form or an honorable service

certificate/report of casualty from the Department of Defense, a letter

of certification by the United States Department of Veterans Affairs or

the United States Department of Defense and any additional information

that may be required by the division of service-disabled veterans'

business development. In the case of the New York guard or the New York

naval militia and/or reserves thereof, status as a service-disabled

veteran pursuant to this paragraph shall be documented pursuant to rules

and regulations promulgated by the director, or in the absence of the

director, the commissioner.

(c) 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

deficiencies, within thirty days. Within sixty days of submission of a

final completed application, the director shall provide the applicant

with written notice of a determination by the director approving or

denying 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, upon written request

made within thirty days from receipt of notice of such determination, be

entitled to a hearing before an independent hearing officer designated

for such purpose by the director. In 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 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 reason 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.

(d) All certifications shall be valid for a period of five years.