2010 New York Code
EXC - Executive
Article 15-A - (310 - 318) PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS
316 - Enforcement.

* § 316. Enforcement. 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.
    * NB Expires December 31, 2016