1977-02-01; A Fleisher
1977-02-01; A Fleisher to Hon Lasker- Proposed Reg State and State Assisted Construction Contracts - certified 2017-08-09-1 doc 1 reports on corrpliance as the OSCC rray reqt1-i..re. State contracting agencies shall be resr:onsible for the accuracy of conpliance reports, and shall attest to tlieir veracity in writing through the resident. engineer or other designated personnel. (g) 'I'he OSC.'C m;1Y ass1.:.rrre or reassurre jurisdiction over any rtBtter referred. by it, or :ma.y revoke any delegation of duties made by it, to any State agency if the OSCC considers it.: necessary or appropriate .to the ad1ievenent of the purr.t:XJses of Executive Order 45 (1977). Section 7. Sanctions ill1d Re~edies (a) The Com:nissioner of HurTklil Rights shall direct a.'ld the contracting agenC'J shall irrq::ose on contractors and subcontractors failing to corrply with the contract provisions and the affirrrati ve action. requiren~nts of Executive Order 45 (1977) and these regulations, such sanctio:r..s and renedies as the Corrmissioner deems advisable arrDng those specified in l~>:ticle VII of the order, in accordance wi tll. t.lte procedures specified herein; provided, however, that v;here a State-assisted contract is awarded by an agency of a local goverrurent to wi1ich Section 1 hereof applies, the detennination to irrpose sa.'1ctions may 1 wi D.'l OSCC approval, be made by the local govemrne.'1t for non-compliance with its affirrrative action program and such sanction.s shall be in accordance wi t.l) said local affirmative action program, as set forth in the contract; and further provided that the OSCC shall in:1p0se the appropriate sanctions if the local goverPnent fails to act. (b) Contractors shaH be responsible for b'le compliance of their subcontractors regardless of tier. Failure of its subcontractor to comply with the require~nts of Executive Order 45 (19TJ) or these regulations may be grounds for the irrlf:-Y.Js.i tion of sactions and rerrcdics aga1nst a contractor. Contractors and subcontractors may not ent.er into a.'1y contract or contract m:xiification with a contractor debarred from State and State-assisteci. construction contracts. Tne c.-ontract.or shall carry out such sanctions against its subcontractors as directed by the oscc and i.rrposed by the contxacting agency. Jl:ny contractor who fails to carry out such sanctions shall be deen~d to be in nonconpliance and shall itself be subject to these sanctions. (c) Procedures. No sanction pe:nnitted under Section 7.1 of Executive Order 45 (1977) shall be imposed on a contractor or subcontractor without affordin-g an OPlX)rtuni ty for a hearing. l. ;, contractor or stlbcontractor aqainst 1Nhom sanctions are proposs>d by tl1e oscc or by a contracting agency with the approval of the OSCC shall have written notice thereof aDd of t."le reasons therefore, and shall be furnished with a copy of the a'larges preferred against it. 'I'he contractor or subcontractor shall be allov;ed at leas-t t::.-10 weeJr.s - 12- 0838
1977-02-01; A Fleisher to Hon Lasker- Proposed Reg State and State Assisted Construction Contracts - certified 2017-08-09-1 doc 1 to ans~r the charges against it in writing. During this perio:1, OSCC and/or the contracting agency shall nBke reasonable efforts to secure conpliance by rreL~ods of conference, conciliation, rrediation, and persuasion. If at the end of said pericd, the OSCC continues to prefer said charges, a hearing U]:.'On such charges shall be held within seven days thereafter by a person designated as a hearing officer by the Commissioner of Human Right.s in writing for that purpose. The hearing officer shall be an attorney licensed to practice law in the s·tate of New York. 'I'he con-tractor or subcontractor against whom charges are preferred rray be· represented by coLU'!Se1, .?...nd rray surrrron witnesses in its be.half. 'Ihe burden of pr-oving non-co~:J.liance with the contract shall be on the OSCC. Conformity to tecJ1r..ical rules of evidence shall not be required. 'l11e hearing officer shall make a record of such hearing which, witl1 his or her fjndings concerning the charges, oJ1d his or her recornrrendation, if any, concerning sanctions, shaH promptly be referred to the Corrmissioner for revie.
