New York Executive Code § 314

Statewide certification program
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* § 314. Statewide certification program.  1. The director shall\npromulgate rules and regulations providing for the establishment of a\nstatewide certification program including rules and regulations\ngoverning the approval, denial or revocation of any such certification\nincluding revocations for convictions for fraudulently misrepresenting\nthe status of minority or women-owned business enterprises. Such rules\nshall set forth the maximum personal net worth of a minority group\nmember or woman who may be relied upon to certify a business as a\nminority-owned business enterprise or women-owned business enterprise\nwith a minimum personal net worth threshold of fifteen million dollars,\nand may thereafter establish different maximum levels of personal net\nworth for minority group members and women on an industry-by-industry\nbasis for such industries as the director shall determine. Such\nregulations relating to the classification of the industry-by-industry\npersonal net worth thresholds above the fifteen million dollar threshold\nshall consider the personal net worth of the owners of both certified\nand non-certified businesses, including but not limited to, prime\ncontractors and subcontractors, as well as any such other factors needed\nto establish such thresholds. Such rules and regulations shall include,\nbut not be limited to, such matters as may be required to ensure that\nthe established procedures thereunder shall at least be in compliance\nwith the code of fair procedure set forth in section seventy-three of\nthe civil rights law, and consistent with the provisions of article\ntwenty-three-A of the correction law.\n  2. For the purposes of this article, the office shall be responsible\nfor verifying businesses as being owned, operated, and controlled by\nminority group members or women and for certifying such verified\nbusinesses. The director shall prepare a directory of certified\nbusinesses for use by contracting agencies and contractors in carrying\nout the provisions of this article. The director shall periodically, but\nno less than annually, update the directory.\n  2-a. (a) The director shall establish a procedure enabling the office\nto accept New York municipal corporation certification verification for\nminority and women-owned business enterprise applicants in lieu of\nrequiring the applicant to complete the state certification process. The\ndirector shall promulgate rules and regulations to set forth criteria\nfor the acceptance of municipal corporation certification. All eligible\nmunicipal corporation certifications shall require business enterprises\nseeking certification to meet the following standards:\n  (i) have at least fifty-one percent ownership by a minority or a\nwomen-owned enterprise and be owned by United States citizens or\npermanent resident noncitizens;\n  (ii) be an enterprise in which the minority and/or women-ownership\ninterest is real, substantial and continuing;\n  (iii) be an enterprise in which the minority and/or women-ownership\nhas and exercises the authority to control independently the day-to-day\nbusiness decisions of the enterprise;\n  (iv) be an enterprise authorized to do business in this state;\n  (v) be subject to a physical site inspection to verify the fifty-one\npercent ownership requirement;\n  (vi) be owned by an individual or individuals, whose ownership,\ncontrol and operation are relied upon for certification, with a personal\nnet worth that does not exceed fifteen million dollars and such other\namount as the director shall set forth in regulations, as adjusted\nannually for inflation according to the consumer price index; and\n  (vii) be an enterprise that is a small business pursuant to\nsubdivision twenty of section three hundred ten of this article.\n  (b) The director shall work with all municipal corporations that have\na municipal minority and women-owned business enterprise program to\ndevelop standards to accept state certification to meet the mun

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