Section 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 five 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 American Arbitration Association
  for proceeding thereon. Upon conclusion of the arbitration  proceedings,
  the  arbitrator  shall submit to the director his or her award regarding
  the alleged violation of the contract and recommendations regarding  the
  imposition  of sanctions, fines or penalties. The director shall either:
  (a) adopt the recommendation of the arbitrator; or (b) determine that no
  sanctions, fines or penalties should  be  imposed;  or  (c)  modify  the
  recommendation  of the arbitrator, provided that such modification shall
  not expand upon any sanction recommended or impose any new sanction,  or
  increase  the  amount  of any recommended fine or penalty. The director,
  within  ten  days   of   receipt   of   the   arbitrator's   award   and
  recommendations,  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 respondent by personal service or by certified mail
  return receipt requested. The award of the arbitrator shall be final and
  may only be vacated or modified as provided in article  seventy-five  of
  the  civil  practice  law  and rules upon an application made within the
  time provided by  section  seventy-five  hundred  eleven  of  the  civil
  practice  law  and  rules.  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.
    * NB Expires December 31, 2018