2023 New York Laws › EXC - Executive › Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts › 311 - Division of Minority and Women's Business Development.

* § 311. Division of minority and women's business development. 1. The
head  of the division of minority and women's business development shall
be the director who shall be appointed by the governor and  hold  office
at  the  pleasure  of  the  commissioner.  It  shall  be the duty of the
director of the division of minority and women's business development to
assist the governor in the formulation and implementation  of  laws  and
policies relating to minority and women-owned business enterprises.
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 department, division, board, bureau,
executive commission or agency of the state 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)  to  encourage and assist contracting agencies in their efforts to
increase participation by minority and women-owned business  enterprises
on  state  contracts and subcontracts so as to facilitate the award of a
fair share of such contracts to them;
(b) to develop standardized forms and reporting documents necessary to
implement this article;
(c) to conduct educational programs consistent with  the  purposes  of
this article;
(d)  to  review  periodically  the  practices  and  procedures of each
contracting agency with respect to compliance  with  the  provisions  of
this  article,  and  to  require  them to file periodic reports with the
division of minority and women's business development as to the level of
minority and  women-owned  business  enterprises  participation  in  the
awarding of agency contracts for goods and services;
(d-1) to require all contracting state agencies to develop a four-year
growth   plan   to   determine  a  means  of  promoting  and  increasing
participation by minority-owned  and  women-owned  business  enterprises
with  respect  to  state  contracts  and subcontracts. Every four years,
beginning September fifteenth, two  thousand  twenty,  each  contracting
state  agency shall submit a four-year growth plan as part of its annual
report to the governor and legislature pursuant to section  one  hundred
sixty-four of this chapter.
(e)  on  January  first  of  each  year report to the governor and the
chairpersons  of  the  senate  finance  and  assembly  ways  and   means
committees on the level of minority and women-owned business enterprises
participating  in  each agency's contracts for goods and services and on
activities of the office  and  effort  by  each  contracting  agency  to
promote  employment  of minority group members and women, and to promote
and increase participation by certified businesses with respect to state
contracts and subcontracts so as to facilitate the award of a fair share
of state contracts to such businesses. The comptroller shall assist  the
division  in  collecting  information  on the participation of certified
business for each contracting agency.  Such  report  may  recommend  new
activities and programs to effectuate the purposes of this article;
(f)  to  prepare  and  update,  no  less than annually, a directory of
certified minority and women-owned  business  enterprises  which  shall,
wherever  practicable,  (i)  make  publicly  available  records  of  all
certifications and recertifications, (ii) be divided into categories  of
labor,   services,   supplies,   equipment,   materials  and  recognized
construction trades, and (iii) indicate areas or locations of the  state
where such enterprises are available to perform services;
(g)  to  appoint independent hearing officers who by contract or terms
of employment shall  preside  over  adjudicatory  hearings  pursuant  to

section  three  hundred  fourteen of this article for the office and who
are assigned no other work by the office;
(h)  to  make  publicly available on the division's website records of
all  revocations  of  certification  for  convictions  for  fraudulently
misrepresenting   the   status   of  minority  or  women-owned  business
enterprises or  for  evidence  of  fraudulent  conduct  with  regard  to
participation  of  a  minority or women-owned business enterprise in the
performance of state contracts and the reasoning  for  such  revocations
after  a  final  determination  has been made, provided that information
falling into the categories enumerated in paragraphs (a) through (j)  of
subdivision two of section eighty-seven of the public officers law shall
be withheld;
(i)  notwithstanding  the provisions of section two hundred ninety-six
of this chapter, to file a  complaint  pursuant  to  the  provisions  of
section  two hundred ninety-seven of this chapter where the director has
knowledge  that  a  contractor  may  have  violated  the  provisions  of
paragraph  (a),  (b)  or  (c)  of subdivision one of section two hundred
ninety-six of this chapter where such violation is  unrelated,  separate
or distinct from the state contract as expressed by its terms;
(j)  to  streamline  the state certification process to accept federal
and municipal corporation certifications;
(k) to make publicly available on the division's  website  records  of
all  waivers  of  compliance  reported  pursuant  to  paragraph  (b)  of
subdivision six of section  three  hundred  thirteen  of  this  article,
including  the  reasoning  for  denial  of  such  waivers  after a final
determination has been made, provided that information falling into  the
categories  enumerated  in paragraphs (a) through (j) of subdivision two
of section eighty-seven of the public officers law shall be withheld;
(l) to work in conjunction with the industrial  commissioner  pursuant
to  paragraph  (j) of subdivision one of section eight hundred eleven of
the labor law  to  assist  contractors  in  identifying  minority  group
members  and  women  who  are participating in apprenticeship agreements
under article twenty-three of the labor law; and
(m) to coordinate with appropriate offices, agencies, or  authorities,
where  applicable,  to  conduct  site  visits  or perform inspections of
financial records of minority or  women-owned  business  enterprises  in
accordance with this article and the regulations of the director.
4.  The director shall provide assistance to, and facilitate access to
programs serving certified businesses as well as  applicants  to  ensure
that  such businesses benefit, as needed, from technical, managerial and
financial,  and  general  business  assistance;   training;   marketing;
organization   and   personnel  skill  development;  project  management
assistance;  technology  assistance;  bond   and   insurance   education
assistance;  and  other  business  development  assistance. The director
shall  maintain  a  toll-free  number  at  the  department  of  economic
development   to  be  used  to  answer  questions  concerning  the  MWBE
certification  process.  In   addition,   the   director   may,   either
independently or in conjunction with other state agencies:
(a)  develop  a  clearinghouse of information on programs and services
provided by entities that may assist such businesses;
(b) review bonding and paperwork requirements imposed  by  contracting
agencies that may unnecessarily impede the ability of such businesses to
compete; and
(c)  seek to maximize utilization by minority and women-owned business
enterprises of available federal resources including but not limited  to
federal  grants,  loans,  loan  guarantees,  surety  bonding guarantees,
technical assistance, and programs and services  of  the  federal  small
business administration.
(d)  conduct  outreach events, training workshops, seminars, and other
such educational programs throughout the state, including  all  regional
offices,  to  state  agencies, external stakeholders, and the public, to
promote awareness and utilization of minority and  women-owned  business
enterprises; and
(e) identify and establish mentorship opportunities and other business
development  programs  to increase capacity and better prepare MWBEs for
bidding on contracts with state agencies upon successful  completion  of
the  mentorship  opportunity.  Such  mentorship  opportunities  shall be
intended to ensure that mentor and  mentee  are  connected  based  on  a
commercially useful function.
* NB Repealed July 1, 2025