New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXIV - New York City School Construction Authority
Part 9606 - Guidelines For Minority And Women Business Enterprise Certification
Section 9606.8 - Revocation of minority or woman owned business enterprise status

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 9606.8

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The director may revoke the minority or woman owned business enterprise status of a certified business for a period of two years, if it is demonstrated that minority group members or women no longer own and control the business enterprise:

(1) A certified business enterprise must notify the authority within 30 days of any material change in the information contained in the original application. A material change may include, but is not limited to, any of the following developments: a change in ethnicity, female percentage of ownership in the business enterprise, address, officers or services provided by the certified business. If a material change is indicated, a review may be conducted by the authority.

(b) The authority, upon receiving allegations indicating that a certified business enterprise is no longer entitled to minority or woman-owned business enterprise status may take the following actions:

(1) determine whether the allegation can be substantiated;

(2) obtain in writing, if possible, the basis of any allegation from the person or persons making the allegation;

(3) notify a certified business in writing upon a determination that its minority or woman-owned business enterprise status is under review by the director and may be revoked. This notice shall specify the basis for such review and any facts specifically at issue;

(4) provide the certified business whose minority or woman- owned business enterprise status is under review, with an opportunity to respond in writing to any allegations set forth in notices of certification status reviewed within 20 days of the date of such notice, by personal service or certified mail, return receipt requested; and

(5) meet or conduct site visits, as necessary, with minority group members or women claiming ownership and control of the certified business enterprise.

(c) If the minority group members or women claiming ownership of the certified business fail to timely respond in writing to the notice of certification status review, or fail to meet or agree to a site visit, the minority or woman-owned business status of the certified business enterprise shall be revoked by the director.

(d) The director shall notify a business of the revocation of its minority or woman-owned business enterprise status. The minority group member(s) or women claiming ownership and control of a business enterprise which has had its minority or woman-owned business enterprise status revoked, may request an appeal. Such request for appeal must be received by the authority's vice president and general counsel within 10 business days of the date of the notice of revocation and shall include a description of the reason why the minority group members or women requesting the appeal believe the revocation was an error and any supporting documentation. If a request for appeal is not made within the 10-day period, the director's determination shall be final and the business enterprise may not re-apply for certification for two years from the date of notice of revocation. Such request for appeal shall include a reason why the applicant believes the revocation of certification was in error and any supporting documents.

(e) The decision by the authority's vice president and general counsel after an appeal, revoking this certification shall constitute the final determination. Upon making a determination the authority shall forward a copy of the decision to the business enterprise by certified mail. In the event of a decision to revoke the minority or woman-owned business enterprise status of a business enterprise, the business enterprise may not re-apply for certification for two years from the date of the original notice of revocation unless facts and circumstances forming the basis of revocation have changed significantly, the applicant may re-apply sooner.

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