N.Y. Comp. Codes R. & Regs. tit. 21 § 9606.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 9606.7 - Notice of determination and right to appeal

(a) Upon completion of the authority's review of each applicant, the authority's director shall provide the applicant with written notice of a determination approving or denying certification status.

(b) In the event a determination is made to approve certification by the director, the applicant will be provided with written notice of such determination and will hold minority or women-owned business enterprise status for two years or until notified of the need to reapply at the director's request.

(c) An applicant denied certification as an MBE or WBE will be given written notification of the denial stating the reasons for denial and such notice shall also state the procedures for filing an appeal before the authority's vice president and general counsel or his designee. The applicant may request a meeting to appeal this determination. Such request for appeal must be received by the authority's vice president and general counsel within 10 business days after receipt of notice denying its certification. In the event that a request for a meeting is not made within the 10-day period, the director's determination shall be final. Such request for appeal shall include a description of the reason why the applicant believes the denial of certification was in error and any supporting documentation. The decision by the vice president and general counsel denying such certification shall constitute the final determination. In the event that the decision is to deny certification the applicant may not re-apply for certification for two years, provided however if the facts and circumstances forming the basis of the denial decision have changed significantly, the applicant may re-apply sooner.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9606.7