New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter IV - Miscellaneous Rules
Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts
Section 105.6 - Report of the hearing officer
Universal Citation: 2 NY Comp Codes Rules and Regs ยง 105.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The hearing officer shall submit a written report to the Comptroller containing the following findings of fact and conclusions of law:
(1) whether or not there
has been a conviction or determination which has not been reversed on final
appeal against the contractor or substantially owned or affiliated person,
firm, partnership or corporation;
(2) whether or not the contractor has
fulfilled the notification requirements of the contract with regard to the
conviction or determination, and if not, whether such failure was without
justification;
(3) what the costs
and effects of the termination of the contract will be on the interests of the
State and the business of the contractor; and
(4) any other findings or conclusions which
the hearing officer believes to be relevant.
(b) Based on the foregoing, the hearing officer shall make recommendations to the Comptroller as follows:
(1) whether or not the contract must be
terminated pursuant to section
139-h of the State Finance Law and, if the
contract must be terminated; and
(2) on what date the contract should be
terminated. If the hearing officer recommends that the contract be terminated
prior to the date that the Comptroller makes his determination, the hearing
officer shall allow for the direct costs incurred by the contractor unless the
hearing officer has found that the contractor has failed, without
justification, to comply with the notice requirements. In such case, the
hearing officer may recommend that payment for such direct costs not be
allowed.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.