Sec. 142.9. Contractor disqualification

(a) Where a State agency determines, after having given notice of deficiency pursuant to section 142.6(c) of this Part, that a contractor has failed to submit an acceptable utilization plan or satisfactorily document its good faith efforts, the State agency may proceed with the next ranked bidder:

(1) twelve days after sending a written notice of deficiency, as specified in section 142.6 of this Part, to the contractor, and the State agency has not received a request for an administrative hearing from the contractor;

(2) after the mailing of a notice of disqualification, specifying the grounds for such disqualification, provided that the contractor has not filed a complaint with the director; or

(3) after receiving a written notification of a resolution from the director, or a decision of the division’s hearing officer. The State agency shall serve a copy of its complaint upon the contractor by personal service or certified mail, return receipt requested.

(b) A contractor who has received a written notice of disqualification may, within five days of receipt of such a notice, file a complaint with the director pursuant to section 316 of the Executive Law. The contractor shall serve a copy of its complaint upon the director and the State agency by personal service or certified mail, return receipt requested.