State Codes and Statutes

Statutes > New-york > Stf > Article-11-b > 179-w

§   179-w.  Notification  and  suspension.  1.  Any  determination  or  notification pursuant to the provisions of  this  article  shall  be  in  writing  and  shall  immediately  be  provided  to any directly affected  not-for-profit  organization,  the  chairman  of  the   senate   finance  committee, the chairman of the assembly ways and means committee and the  state comptroller who shall include such notification in the procurement  record.    2.  In  the  event  that  a  state  agency, including the comptroller,  division of  budget,  or  the  attorney  general  shall  determine  that  extenuating circumstances exist which prevent such agency from complying  with  the  time  frames  required  by  this  article,  such agency shall  immediately provide written notification of such  determination  to  any  directly  affected  not-for-profit organization, the office of the state  comptroller, the chairman  of  the  senate  finance  committee  and  the  chairman  of  the  assembly  ways  and  means  committee.  Such  written  notification shall include an explanation of the circumstances and shall  state the specific amount of the time for which the specified provisions  of this article relating to time frames shall be  suspended.  Except  as  provided  in  subdivision  three of this section, no suspension shall be  valid unless it shall state such specific amount of time, provided  that  the  cumulative  length  of  suspensions  declared  by  any state agency  pursuant to this section, except  such  subdivision  three,  when  added  together  shall  not be valid if declared for a period greater than four  and one-half months in any fiscal year.    3. Upon determining that significant and substantive differences exist  between the state agency and  the  not-for-profit  organization  in  the  negotiation  of  a contract or renewal contract or when the state agency  makes a  determination  that  the  not-for-profit  organization  is  not  negotiating in good faith, such agency may suspend the written directive  and  any  subsequent  interest  payments  or subsequent advance payments  required to be provided pursuant to this article. Upon  such  suspension  the   state   agency   shall   be   required  to  provide  the  affected  not-for-profit  organization   with   written   notification   of   such  determination  and the reasons therefor, and also to provide such notice  to the comptroller, who shall include it in the procurement record.

State Codes and Statutes

Statutes > New-york > Stf > Article-11-b > 179-w

§   179-w.  Notification  and  suspension.  1.  Any  determination  or  notification pursuant to the provisions of  this  article  shall  be  in  writing  and  shall  immediately  be  provided  to any directly affected  not-for-profit  organization,  the  chairman  of  the   senate   finance  committee, the chairman of the assembly ways and means committee and the  state comptroller who shall include such notification in the procurement  record.    2.  In  the  event  that  a  state  agency, including the comptroller,  division of  budget,  or  the  attorney  general  shall  determine  that  extenuating circumstances exist which prevent such agency from complying  with  the  time  frames  required  by  this  article,  such agency shall  immediately provide written notification of such  determination  to  any  directly  affected  not-for-profit organization, the office of the state  comptroller, the chairman  of  the  senate  finance  committee  and  the  chairman  of  the  assembly  ways  and  means  committee.  Such  written  notification shall include an explanation of the circumstances and shall  state the specific amount of the time for which the specified provisions  of this article relating to time frames shall be  suspended.  Except  as  provided  in  subdivision  three of this section, no suspension shall be  valid unless it shall state such specific amount of time, provided  that  the  cumulative  length  of  suspensions  declared  by  any state agency  pursuant to this section, except  such  subdivision  three,  when  added  together  shall  not be valid if declared for a period greater than four  and one-half months in any fiscal year.    3. Upon determining that significant and substantive differences exist  between the state agency and  the  not-for-profit  organization  in  the  negotiation  of  a contract or renewal contract or when the state agency  makes a  determination  that  the  not-for-profit  organization  is  not  negotiating in good faith, such agency may suspend the written directive  and  any  subsequent  interest  payments  or subsequent advance payments  required to be provided pursuant to this article. Upon  such  suspension  the   state   agency   shall   be   required  to  provide  the  affected  not-for-profit  organization   with   written   notification   of   such  determination  and the reasons therefor, and also to provide such notice  to the comptroller, who shall include it in the procurement record.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-11-b > 179-w

§   179-w.  Notification  and  suspension.  1.  Any  determination  or  notification pursuant to the provisions of  this  article  shall  be  in  writing  and  shall  immediately  be  provided  to any directly affected  not-for-profit  organization,  the  chairman  of  the   senate   finance  committee, the chairman of the assembly ways and means committee and the  state comptroller who shall include such notification in the procurement  record.    2.  In  the  event  that  a  state  agency, including the comptroller,  division of  budget,  or  the  attorney  general  shall  determine  that  extenuating circumstances exist which prevent such agency from complying  with  the  time  frames  required  by  this  article,  such agency shall  immediately provide written notification of such  determination  to  any  directly  affected  not-for-profit organization, the office of the state  comptroller, the chairman  of  the  senate  finance  committee  and  the  chairman  of  the  assembly  ways  and  means  committee.  Such  written  notification shall include an explanation of the circumstances and shall  state the specific amount of the time for which the specified provisions  of this article relating to time frames shall be  suspended.  Except  as  provided  in  subdivision  three of this section, no suspension shall be  valid unless it shall state such specific amount of time, provided  that  the  cumulative  length  of  suspensions  declared  by  any state agency  pursuant to this section, except  such  subdivision  three,  when  added  together  shall  not be valid if declared for a period greater than four  and one-half months in any fiscal year.    3. Upon determining that significant and substantive differences exist  between the state agency and  the  not-for-profit  organization  in  the  negotiation  of  a contract or renewal contract or when the state agency  makes a  determination  that  the  not-for-profit  organization  is  not  negotiating in good faith, such agency may suspend the written directive  and  any  subsequent  interest  payments  or subsequent advance payments  required to be provided pursuant to this article. Upon  such  suspension  the   state   agency   shall   be   required  to  provide  the  affected  not-for-profit  organization   with   written   notification   of   such  determination  and the reasons therefor, and also to provide such notice  to the comptroller, who shall include it in the procurement record.