N.Y. Comp. Codes R. & Regs. tit. 9 § 5311.5

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

Section 5311.5 - Required notification

(a) Within 30 days after a gaming facility licensee determines that it will not attain an established goal, the gaming facility licensee shall submit a report to the commission that includes a detailed description of its good-faith efforts to attain the established goal or capacity, including, without limitation, the following:

(1) documentation of direct contact or negotiations with minority- and women-owned business enterprises for specific contracting or transacting opportunities. The actions taken shall be reported in a manner that includes the following items:

(i) a detailed statement of the efforts made to negotiate with minority- and women-owned business enterprises, including the following:

(a) the names, business addresses and business telephone numbers of the minority- and women-owned business enterprises contacted; and

(b) a detailed statement of the reason why prospective agreements were not reached; and

(ii) a detailed statement of the efforts, if any, to be undertaken by the gaming facility licensee expected to increase the likelihood of achieving the established goal;

(2) documentation of any advertising performed in the search for prospective minority- and women-owned business enterprises for the contract or transaction;

(3) documentation of any notifications provided to minority- and women-owned business assistance agencies for the purpose of locating prospective minority- and women-owned business enterprises for the contract or transaction; and

(4) documentation of efforts taken to research other possible areas of participation.

(b) The gaming facility licensee shall maintain adequate records of all relevant data in regard to the utilization and attempted utilization of minority- and women-owned business enterprises and shall provide full access to these records to the commission upon request.

(c) The commission shall promptly provide the division with copies of all documents that are submitted to it by the gaming facility licensee under this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5311.5

Adopted New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.9/30/2015