New York Compliance Procedures.
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§ 832. Compliance Procedures. a. The commission shall conduct such
study or investigations and hold such hearings as may be necessary to
determine whether agencies are in compliance with the equal employment
opportunity requirements of this chapter and chapter thirty-five.
b. For the purpose of ascertaining facts in connection with any study
or investigation authorized by this chapter, the commission shall have
power to compel the attendance of witnesses, to administer oaths and to
examine such persons as they may deem necessary. The commission or any
agent or employee thereof duly designated in writing by them for such
purposes may administer oaths or affirmations, examine witnesses in
public or private hearing, receive evidence and preside at or conduct
any such study or investigation.
c. If the commission makes a preliminary determination pursuant to
subdivision d of section eight hundred thirty-one, that any plan,
program, procedure, approach, measures or standard adopted or utilized
by any city agency or the department of citywide administrative services
does not provide equal employment opportunity; and/or if the commission
makes a preliminary determination pursuant to this chapter and chapter
thirty-five, that an agency has not provided equal employment
opportunity, the commission shall notify the agency in writing of this
determination and provide an opportunity for the agency to respond. If
the commission, after consideration of any such response and after
consulting with the agency, concludes that the corrective actions, if
any, taken or planned by the agency are not sufficient to correct the
non-compliance identified in the preliminary determination, it should
make a final determination in writing, including such recommended
corrective action as the commission may deem appropriate. The agency
shall within thirty days thereafter respond to the commission on any
corrective action it intends to make and shall make monthly reports to
such commission on the progress of such corrective action. If the
commission, after a period not to exceed six months, determines that the
agency has not taken appropriate and effective corrective action, the
commission shall notify the agency in writing of this determination and
the commission may thereafter publish a report and recommend to the
mayor whatever appropriate corrective action the commission deems
necessary to ensure compliance with equal employment opportunity
pursuant to the requirements of this chapter and chapter thirty-five.
Within thirty days of such determination the agency shall submit a
written response to the commission and the mayor. The mayor after
reviewing the commission's findings and the agency's response, if any,
shall order and publish such action as he or she deems appropriate.