N.Y. Comp. Codes R. & Regs. tit. 5 § 144.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 144.8 - Criteria for acceptance of New York municipal certification in lieu of completing and submitting the New York state minority- and women-owned business enterprise certification application

(a) The division shall approve an applicant as a certified business without requiring that applicant to complete the New York State minority- and woman-owned business enterprise certification application provided:

(1) the applicant demonstrates that it holds a current New York municipal certification with an active municipal certification program by submitting a true copy of the certification to division;

(2) the applicant completes the supplemental application;

(3) the applicant provides a signed authorization for the exchange of information between the division and the municipal certifying entity for the purpose of determining the applicant's eligibility for certification;

(4) an owner, a partner or a principal officer that is authorized to act on behalf of the applicant signed and has notarized an attestation that the information submitted in connection with the New York municipal certification is accurate to the best of that person's knowledge; and

(5) the applicant provides proof satisfactory to the division that the applicant is owned, operated and controlled by women or minority group members and that the individual or individuals whose ownership, control and operation are relied upon for certification, meet the requirements of personal net worth and the definition of small business set forth in this regulation. Documentation referenced in section 144.2(c)(1) of this Part may be required to substantiate the claim of membership in a minority group or gender.

(b) Notwithstanding anything to the contrary in paragraph (a)(1) of this section, the division reserves the right to:

(1) conduct an investigation of an applicant (which may include, but not be limited to, conducting a site visit to the applicant's place of business, and or requesting documentation from the applicant) to verify that the applicant meets all of the eligibility criteria set forth in Executive Law section 314 and section 144.2 of this Part; and

(2) reject or deny certification if the division is not satisfied that the applicant meets all of the eligibility criteria set forth in Executive Law section 314 and section 144.2 of this Part.

(c) After verification by the division that an applicant has satisfied all of the criteria in section 144.8(a)(1)-(5), and (b) of this section if applicable, such applicant shall become certified as a minority- or women-owned business enterprise without completing the New York State minority- and woman-owned business enterprise certification application.

(d) The process described in section 144.4 of this Part will apply to supplemental applications.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 144.8