Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROLChapter IV - Miscellaneous Rules
Part 105 - Procedures For Implementing The Labor Policy Of The State Prohibiting Participation By Public Contractors In International Boycotts
Section 105.5 - The hearing

N.Y. Comp. Codes R. & Regs. tit. 2 § 105.5

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Current through Register Vol. 46, No. 50, December 11, 2024
Section 105.5 - The hearing
(a) Upon receipt of a notice of conviction or determination required by section 105.4 of this Part, or upon learning of a conviction or determination in any other manner, the Comptroller shall schedule a hearing, to be held within 30 days, and shall send a written notice to the contractor stating the time and place of the hearing. If the Comptroller receives notice prior to the hearing date that an appeal has been taken or will be taken within 30 days, the Comptroller shall postpone the hearing pending disposition of all appeals, and shall send a written notice of the postponement to the contractor. Upon disposition of the final appeal, provided that the conviction or determination has not been reversed, the Comptroller shall schedule a hearing as provided in this subdivision.
(b) The Comptroller shall designate a hearing officer to conduct the hearing. The hearing officer shall have whatever powers are necessary and appropriate, including the power to sign and issue subpoenas in the name of the Comptroller, to regulate the proceedings of the hearing and to obtain the information which the hearing officer determines is necessary for the completion of the report required by section 105.6 of this Part.
(c) At the hearing, the contractor shall be entitled to representation by counsel. The contractor shall have the opportunity to present written and oral evidence on relevant issues of law and fact, but may not retry the conviction or determination. However, if the conviction or determination has been made against a substantially owned or affiliated person, firm, partnership, or corporation, the contractor may dispute the ownership or the affiliation. In addition, the contractor shall present evidence concerning the possible costs to and effects on the State and the contractor if the contract were to be terminated.
(d) A record of the hearing shall be made.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 105.5