Section 314. Statewide certification program

1.  The  director  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.
    2. For the purposes of this article, the office shall  be  responsible
  for  verifying  businesses  as  being owned, operated, and controlled by
  minority group  members  or  women  and  for  certifying  such  verified
  businesses.   The  director  shall  prepare  a  directory  of  certified
  businesses for use by contracting agencies and contractors  in  carrying
  out  the  provisions  of  this  article. The director shall periodically
  update the directory.
    2-a. (a) The director shall establish a procedure enabling the  office
  to  accept New York municipal corporation certification verification for
  minority and women-owned  business  enterprise  applicants  in  lieu  of
  requiring the applicant to complete the state certification process. The
  director  shall  promulgate  rules and regulations to set forth criteria
  for the acceptance of municipal corporation certification. All  eligible
  municipal  corporation certifications shall require business enterprises
  seeking certification to meet the following standards:
    (i) have at least fifty-one percent  ownership  by  a  minority  or  a
  women-owned  enterprise  and  be  owned  by  United  States  citizens or
  permanent resident aliens;
    (ii) be an enterprise in which  the  minority  and/or  women-ownership
  interest is real, substantial and continuing;
    (iii)  be  an  enterprise in which the minority and/or women-ownership
  has and exercises the authority to control independently the  day-to-day
  business decisions of the enterprise;
    (iv) be an enterprise authorized to do business in this state; and
    (v)  be  subject to a physical site inspection to verify the fifty-one
  percent ownership requirement.
    (b) The director shall work with all municipal corporations that  have
  a  municipal  minority  and  women-owned  business enterprise program to
  develop standards to accept state certification to  meet  the  municipal
  corporation  minority  and women-owned business enterprise certification
  standards.
    (c) The director shall establish a procedure enabling the division  to
  accept  federal  certification verification for minority and women-owned
  business enterprise applicants in lieu of  requiring  the  applicant  to
  complete  the state certification process. The director shall promulgate
  rules and regulations to  set  forth  criteria  for  the  acceptance  of
  federal certification.
    3.  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  office  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 reasons 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.
    4. All certifications shall be valid for a period of three years.
    * NB Expires December 31, 2018