N.Y. Comp. Codes R. & Regs. tit. 9 § 5311.7

Current through Register Vol. 46, No. 45, November 2, 2024
Section 5311.7 - Waiver request

If a deficiency is not remedied, and the gaming facility licensee is requesting a waiver of compliance with this Part:

(a) If the written remedy submitted is found to be inadequate, such failure to remedy the deficiency may be grounds for sanctioning such gaming facility licensee, including the possibility of forfeiture of such gaming facility's license, or the commission will notify the contractor and direct the same to submit, within five business days, a request for partial or total waiver of utilization goals, consistent with section 142.6(f) of Title 5 NYCRR.
(b) The commission shall submit a copy of the deficient utilization plan to the MWBE director, along with the gaming facility licensee's good-faith documentation, and waiver request.
(c) The commission, in consultation with the MWBE director, shall determine whether additional action can be taken to assist the gaming facility licensee to reach such gaming facility licensee's goal or whether a formal request will be made to waive the goal.
(d) The commission may, with prior approval from the MWBE director, grant a partial or total waiver of established goal requirements only upon the submission of information supporting a waiver request by the gaming facility licensee and the verification of requisite documentation of good-faith efforts by the gaming facility licensee to justify a waiver request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5311.7

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