N.Y. Comp. Codes R. & Regs. tit. 9 § 5311.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5311.3 - Establishment of a utilization plan; plan review

(a) Each gaming facility licensee shall annually submit to the commission for approval a utilization plan illustrating specific goals for each contract type, divided by commodities, construction consultants, construction, goods and services, and consultants; and the name, address and telephone number of each minority- and women-owned business enterprise with which the gaming facility licensee intends to contract or subcontract, or otherwise submit in connection with satisfaction of its established goals.

(b) The commission shall review each utilization plan within 20 business days, consistent with section 142.6(c) of Title 5 NYCRR. If the commission does not approve such utilization plan, the commission shall provide the gaming facility licensee a written notice of utilization plan deficiency within 20 business days of the receipt of the proposed plan. Should a notice of deficiency be issued, such notice shall include, without limitation, the following:

(1) a list of minority- and women-owned business enterprises that the gaming facility licensee could potentially use;

(2) the name of any minority- and women-owned business enterprise that is not acceptable for the purpose of complying with the established goals; and

(3) any other information that the commission determines to be relevant to developing an approvable minority- and women-owned business enterprise utilization plan.

The commission shall promptly provide the division with copies of all documents that are submitted to it by the gaming facility licensee under this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5311.3

Adopted New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.9/30/2015