§ 10-07 Noncompliance.
RCNY § 10-07
(a)Division determination – failure to file documents.
(1)Whenever the Director finds that a covered contractor has failed to file an Employment Report or a complete Employment Report, or has filed an Employment Report with substantial misrepresentations, the Director shall send a notice in writing by email or other electronic means to the contractor with a copy to the contracting agency describing: (i) the noncompliance; (ii) the corrective action necessary to remedy the noncompliance; and (iii) a suggested date for a conciliation conference before sanctions will be imposed.
(2)If the contractor fails to take corrective action by filing a complete Employment Report, the Director may make a determination as to the sanctions to be imposed.
(3)The contractor shall have a period of seven business days to remedy the noncompliance and pursue conciliation efforts.
(i)If conciliation is successful, a conciliation agreement shall be signed by the Director and the contractor.
(ii)If conciliation is unsuccessful, the Director may find the contractor to be in noncompliance and direct sanctions to be imposed.
(b)Division determination – EEO compliance.
(4)The hearing shall be held in accordance with the rules of procedure adopted by the Division.
(c)Report and recommendations.
(d)Exceptions to report and recommendations. Within ten days after receipt of the report and recommendations, any party may submit exceptions to said report or to any recommendation contained therein. These exceptions may be responded to by other parties within seven business days of their receipt by said parties. All exceptions and responses shall be filed with the Director. Service of exceptions and responses shall be made simultaneously on all parties to the proceeding and upon the hearing officer. Requests to the Director for additional time in which to file exceptions and responses shall be in writing and copies shall be served simultaneously on all other parties. Requests for extensions must be received no later than three business days before the exceptions are due.
(e)Record and final determination. After the expiration of the time for filing exception, the Director shall make a final determination on the basis of the record, which shall be the final Administrative Order. The record shall consist of the record of the enforcement proceeding, the rulings, report and recommendations of the hearing officer and the exceptions filed subsequent to the hearing officer's decision. A copy of the determination of the Director shall be provided to the parties, the hearing officer, the contracting agency, the Corporation Counsel and the Comptroller.
(f)Sanctions.
(iii)In the event such objections are filed, the Director and the agency head shall jointly determine the sanctions to be imposed.
(g)Complaints.
(5)The contractor involved shall cooperate fully with any investigation. Failure or refusal to furnish information or to cooperate in the investigation is a violation of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations and may result in the imposition of sanctions.
(6)Upon completion of the investigation, the complaining party and the contractor involved shall be informed of the results of the investigation in writing. If the Director has reasonable cause to believe that the contractor is in noncompliance with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, then enforcement proceedings shall be commenced.
(7)It is a violation of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations for a contractor, subcontractor, or other person to intimidate, threaten, coerce, or discriminate against any individual or business for the purpose of interfering with any right or privilege secured by E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations or because a complaint was filed, or a person testified, assisted or participated in any manner in an investigation, proceeding, or hearing under these regulations.
(8)The identity of the complaining party shall be kept confidential on request only during the conduct of an investigation under these regulations. If such confidentiality hinders the investigation, the complaining party shall be so advised for the purpose of obtaining a waiver of confidentiality. The complaining party shall be further advised that failure to waive confidentiality may result in a determination based upon information already provided. (Amended City Record 10/31/2023, eff. 11/30/2023)
