N.Y. Comp. Codes R. & Regs. tit. 6 § 615.9

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

Section 615.9 - Procedures to challenge equal employment opportunity and minority and women-owned business enterprise program determinations

(a) A person having any questions about the basis of any determinations made pursuant to sections 52-0111 and 52-0113 of the ECL, and any regulations or procedures adopted pursuant thereto, may call the Office of Affirmative Action at (518) 457-7187 at the department's central office in Albany.

(b) A person may petition the department for a declaratory ruling in accordance with the procedures contained in Part 619 of this Title, with respect to the applicability to any person of sections 52-0111 and 52-0113 of the ECL, these regulations and any procedures adopted pursuant thereto.

(c) A person deciding to challenge the basis of any equal employment opportunity and minority and women-owned business enterprise program determinations must do so in writing, within 30 business days of the date of the department's determination. The written challenge must state the factual determinations of the department with which the person disagrees and the nature of any legal issues presented by the challenge.

(d) Upon receipt of the written challenge, the department will determine whether the initial determination should be revised or may request additional information.

(1) If the department agrees with the person making the written challenge, it shall notify that person of its agreement.

(2) If the department does not agree with the person, it shall notify the person accordingly, with an explanation of the reasons for the disagreement, together with a form letter for the person to use if further review is requested.

(e) If the person receives a notice of disagreement and continues to believe the department is wrong, that person must complete and mail the form letter to the department, at the address provided, within 10 business days of the date of the notice.

(f) Upon receipt of the request for further review, the Office of Affirmative Action will arrange for a conference with a designated representative(s) of the department, to be held at the department's central office in Albany or a mutually agreed-upon location. The department will give the person at least 10 business days' notice of the time and place of the conference.

(g) The purpose of the conference is to afford the person challenging the department's determination the opportunity to narrow factual disagreements, to state more specifically the legal basis of any challenge, and to resolve the controversy if possible. It is the person's responsibility to state precisely the basis for the challenge and to offer supporting documentation necessary to support the claim.

(h) Except for good cause, the failure of a person challenging a determination of the department to take any actions required for a challenge, within the time periods set forth in this section, shall be a basis for a determination by the department that the challenge has been abandoned, resulting in the department's determination becoming final.

(i) Within 30 business days following the conference, the department's designated representatives will notify the person in writing of the department's determination.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 615.9