New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XIV - Division of Minority and Women's Business Development
Part 145 - Appeals
Section 145.3 - Appeal procedures concerning contractor and State agency complaints
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Initiation of an appeal. If within thirty (30) days of receipt of a complaint made pursuant to section 142.12(a), 142.12(b), or 143.6, the director is unable to resolve the complaint to the satisfaction of the State agency and the contractor, the complaint shall be referred to the division's hearing officer for a hearing, conducted in accordance with the procedures set forth in this section.
(b) Notice of hearing or written appeal. The division shall appoint an independent hearing officer to preside over the appeal and provide written notice of hearing or of written appeal to the parties. The notice shall include, but not be limited to, the following information:
(c) Request for an adjournment of a hearing. A request for an adjournment of a hearing or written appeal submission must be made to the independent hearing officer identified in the notice of hearing at least seven (7) business days prior to the scheduled date of the hearing and must state the reason for the request. The independent hearing officer may, at his or her discretion, grant a timely request for an adjournment of a hearing or submission of written appeal.
(d) Request to withdraw an appeal. The hearing officer will consider a request for an appeal to be withdrawn under the following circumstances: the hearing officer has received a written or verbal statement from a party requesting the hearing or written appeal be withdrawn.
(e) Appointment of the independent hearing officer. The director shall appoint any impartial person to serve as an independent hearing officer. If, at any time, the director learns that an individual appointed to serve as an independent hearing officer would experience a conflict of interest in serving as an independent hearing officer, or that such individual's service as an independent hearing officer would give rise to an appearance of impropriety, the director shall remove the independent hearing officer and appoint a replacement independent hearing officer.
(f) Limited discovery shall be permitted to the complainant. Depositions, interrogatories and other disclosure devices are not permitted.
(g) Conduct of the appeal. The independent hearing officer shall, subject to the provisions of this paragraph, conduct the appeal in such order and manner as he or she deems appropriate.
(h) Closing of the appeal record. The independent hearing officer shall close the appeal record at his or her discretion and may request additional information of the parties based upon the proceedings of a hearing. Such additional information shall be limited to information that was before the director during dispute resolution under section 142.12(d) or 143.6(c) of this Title.
(i) Resolution of complaints under section 142.12. Upon conclusion of the administrative hearing or written appeal, the procedures set forth in section 142.12(e) - (g) of Part 142 shall apply.
(j) Resolution of complaints made under section 143.6. Upon conclusion of the administrative hearing or written appeal, the procedures set forth in section 143.6(e) - (g) of Part 143 shall apply.