NY Exec L § 316 (2021)
2021 New York Laws EXC - Executive Article 15-A - 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 Repealed December 31, 2024