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Legislation introduced to create curing period for NYS MWBE applications
Published on 01/24/2024

A bill (S-7836/A-8468) has been introduced in the New York Assembly which would create a "curing period" for applications for certification from the State as a minority- or woman-owned business enterprise (MWBE). The bill was jointly introduced by New York Senator John W. Mannion and New York Assemblyman Al Stirpe, and is currently in committee.

The "curing period" that would be created by the bill would require the Division of Minority and Women’s Business Development (or DMWBD, which certifies New York State MWBEs) to provide notice to an applicant for MWBE certification within 21 days of application submission if there are any problems or deficiencies in the application, then to provide notice to the applicant within 45 days whether the application is approved or denied. After a notice that an application has been denied, the new 60-day "curing period" would start, during which time MWBE applicants would be entitled to the opportunity for curing "omission or technical error, as such terms are determined by the director [of the DMWBD]".The bill would also extend the time during which an applicant can request a hearing on an application rejected for reasons other than technical error or omission, from 30 to 60 days.

"Meeting and maintaining New York's ambitious 30 percent utilization goal for MWBE contracting requires a better certification process with fewer roadblocks," said Senator Mannion in a statement.

Read the press release from Senator Mannion and Assemblyman Stirpe at https://www.nysenate.gov/newsroom/articles/2024/john-w-mannion/senator-mannion-and-assemblyman-stirpe-introduce-legislation.

Find the bill at https://www.nysenate.gov/legislation/bills/2023/S7836 or at https://www.nysenate.gov/legislation/bills/2023/A8468.

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