NY Exec L § 369-I (2021)
2021 New York Laws EXC - Executive Article 17-B - Participation by Service-Disabled Veterans With Respect to State Contracts 369-I - Division of Service-Disabled Veterans' Business Development.

* §   369-i.   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 division 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 causality 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.   * NB Repealed March 31, 2024