Sec. 143.6. Work force diversity dispute resolution procedure

(a) If a contracting agency determines that a contractor is in noncompliance with the requirements of this Part, the contracting agency shall make every effort to resolve the matter and to bring the contractor into compliance with such requirements. If the contracting agency is unsuccessful in its efforts, the contracting agency shall submit a written complaint to the director, pursuant to section 316 of the Executive Law, regarding the contractor's noncompliance and shall recommend to the director that the director review and attempt to resolve the noncompliance matter. The contracting agency shall serve a copy of its complaint upon the contractor by personal service or certified mail, return receipt requested.

(b) For all State contracts that it bids and awards, the Office of General Services shall have the function of determining a contractor's compliance with the EEO requirements of this Part.

(c) The director shall attempt to resolve a noncompliance dispute between the contracting agency and the contractor or subcontractor. If a resolution of the noncompliance dispute is satisfactory to the parties, the parties shall so indicate by signing a dispute resolution memorandum indicating that the matter has been resolved and stating the terms of the resolution.

(d) If the director is unable to resolve the noncompliance dispute to the satisfaction of the parties, the director shall refer the contracting agency's complaint, within 30 calendar days of the receipt of the complaint, to the division's hearing officer for a hearing.

(e) Upon conclusion of the administrative hearing, the hearing officer shall submit to the director a decision regarding the noncompliance dispute and the imposition of sanctions, fines or penalties, as provided for in the relevant sections of the contract, if appropriate, or a dismissal of the State agency's complaint, if appropriate.

(f) The director, within 10 business days of receipt of the decision, shall mail a determination of such matter to the contracting agency and shall cause a copy of such determination, along with a copy of article 15-A of the Executive Law, to be served upon the contractor or subcontractor by personal service or by certified mail, return receipt requested.

(g) The decision of the hearing officer shall be final and may only be vacated or modified as provided in article 78 of the Civil Practice Law and Rules.

(h) Nothing in this section is meant to diminish or supersede a contracting agency's authority and responsibility to enforce the requirements of its contracts.