§ 2876 — Disqualification to contract with public authority

§ 2876. Disqualification to contract with public authority. Any person\nwho, when called before a grand jury, head of a state department,\ntemporary state commission or other state agency, the organized crime\ntask force in the department of law, head of a city department, or other\ncity agency, which is empowered to compel the attendance of witnesses\nand examine them under oath, to testify in an investigation concerning\nany transaction or contract had with the state, any political\nsubdivision thereof, a public authority or with a public department,\nagency or official of the state or of any political subdivision thereof\nor of a public authority, refuses to sign a waiver of immunity against\nsubsequent criminal prosecution or to answer any relevant questions\nconcerning such transaction or contract, and any firm, partnership or\ncorporation, of which he is a member, partner, director or officer shall\nbe disqualified from thereafter selling to or submitting bids to or\nreceiving awards from or entering into any contracts with any public\nauthority or any official of any public authority created by the state\nor any political subdivision, for goods, work or services, for a period\nof five years after such refusal or until a disqualification shall be\nremoved pursuant to the provisions of section twenty-eight hundred\nseventy-seven of this title.\n It shall be the duty of the officer conducting the investigation\nbefore the grand jury, the head of a state department, the chairman of\nthe temporary state commission or other state agency, the organized\ncrime task force in the department of law, the head of a city department\nor other city agency before which the refusal occurs to send notice of\nsuch refusal, together with the names of any firm, partnership or\ncorporation of which the person so refusing is known to be a member,\npartner, officer or director, to the commissioner of transportation of\nthe state of New York, or the commissioner of general services as the\ncase may be, and the appropriate departments, agencies and officials of\nthe state, political subdivisions thereof or public authorities with\nwhom the persons so refusing and any firm, partnership or corporation of\nwhich he is a member, partner, director or officer, is known to have a\ncontract. However, when such refusal occurs before a body other than a\ngrand jury, notice of refusal shall not be sent for a period of ten days\nafter such refusal occurs. Prior to the expiration of this ten day\nperiod, any person, firm, partnership or corporation which has become\nliable to the cancellation or termination of a contract or\ndisqualification to contract on account of such refusal may commence a\nspecial proceeding at a special term of the supreme court, held within\nthe judicial district in which the refusal occurred, for an order\ndetermining whether the questions in response to which the refusal\noccurred were relevant and material to the inquiry. Upon the\ncommencement of such proceeding, the sending of such notice of refusal\nto answer shall be subject to order of the court in which the proceeding\nwas brought in a manner and on such terms as the court may deem just. If\na proceeding is not brought within ten days, notice of refusal shall\nthereupon be sent as provided herein.\n