§ 139-C — Removal of disqualification of public contractors by petition

New York § 139-C

• Jurisdiction: New York
• Law STF: State Finance
• Art. 9: Contracts

Text

§ 139-c. Removal of disqualification of public contractors by\npetition. 1. Any firm, partnership or corporation which has become\nsubject to the cancellation or termination of a contract or\ndisqualification to contract on account of the refusal of a member,\npartner, director or officer thereof to waive immunity when called to\ntestify, as provided in sections one hundred thirty-nine-a and one\nhundred thirty-nine-b of this article, may, upon ten days' notice to the\nattorney general and to the officer who conducted the investigation\nbefore the grand jury, the head of a state department, the chairman of\nthe temporary state commission or other state agency, or the organized\ncrime task force in the department of law in which the refusal occurred,\ncommence a special proceeding at a special term of the supreme court\nheld within the judicial district in which the refusal occurred for an\norder discontinuing the disqualification. The petition shall set forth\ngrounds, including that the cooperation by petitioner with the grand\njury or other body which conducted the investigation at the time of the\nrefusal was such, and the amount and degree of control and financial\ninterest, if any, in the petitioning firm, partnership or corporation by\nthe member, partner, officer or director who refused to waive immunity\nis such, that it will not be in the public interest to cancel or\nterminate petitioner's contracts or to continue the disqualification, as\nprovided in sections one hundred thirty-nine-a and one hundred\nthirty-nine-b of this article.\n A copy of the petition and accompanying papers shall be served with\nthe notices to be given pursuant to this subdivision.\n 1-a. Any firm, partnership, or corporation which has become subject to\nthe cancellation or termination of a contract or disqualification to\ncontract on account of conviction of a crime defined in article two\nhundred or four hundred ninety-six or section 195.20 of the penal law,\nas provided in sections one hundred thirty-nine-a and one hundred\nthirty-nine-b of this article, may, upon thirty days' notice to the\ndistrict attorney who conducted the action that led to the conviction,\nand the office of the state comptroller commence a special proceeding at\na special term of the supreme court held within the judicial district in\nwhich the conviction was obtained for an order discontinuing such\ndisqualification. The petition shall set forth the grounds, including\nthat the firm, partnership, or corporation has taken sufficient actions\nto remove from responsibility officers and employees who engaged in the\nactions that formed the basis of the conviction, that the firm,\npartnership, or corporation has taken appropriate and sufficient actions\nto ensure that the actions that formed the basis of the conviction are\nunlikely to recur, and that it will not be in the public interest to\ncancel or terminate petitioner's contracts or to continue the\ndisqualification, as provided in sections one hundred thirty-nine-a and\none hundred thirty-nine-b of this article; provided further, at any time\nafter such cancellation or disqualification any such firm, partnership\nor corporation may apply to the supreme court, upon notice as provided\nherein for an immediate termination of disqualification upon a reversal\nof the conviction upon which the debarment was imposed.\n 2. Upon the filing of such petition the court may stay as to\npetitioner, pending a decision upon the petition, the cancellation or\ntermination of any contracts resulting from such refusal upon such terms\nas to notice or otherwise as may be just.\n 3. At least two days prior to the return day, the officer who\nconducted the investigation before the grand jury or other body and the\nattorney general may file answers to the petition or move for judgment\ndismissing the petition as a matter of law. On or before the return day\nthe petitioner may file a reply to the answer.\n 4. Upon the return day the court may, upon the petition and answer and\nother papers filed, forthwith render such judgment as the case requires,\nor if a triable issue of fact is duly raised, it shall forthwith be\ntried before a court sitting without a jury or before a referee. The\nprovisions of statute or rule governing references in an action shall\napply to a reference under this subdivision.\n 5. The court shall render judgment dismissing the petition on the\nmerits or discontinuing the disqualification upon the ground that the\npublic interest would be served by its discontinuance, and granting such\nother relief as to the cancellation or termination of contracts as may\nbe appropriate, but without costs to petitioner.\n