2023 New York Laws › EXC - Executive › Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts › 316 - Enforcement.

* § 316. Enforcement.  1.  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.
2.  Any  fines,  or portion thereof, imposed pursuant to the foregoing
  subdivision, or imposed by a court of competent jurisdiction related  to
  convictions  involving  fraud  related  to  this  article  or  otherwise
  involving a minority or women-owned business enterprise, may be required
  by the entity imposing such  fines  to  be  paid  to  the  minority  and
  women-owned  business  enterprise  fund  established pursuant to section
  ninety-seven-k of the state finance law.
* NB Repealed July 1, 2025