Procedures for Filing an Appeal of a Denial Determination for MWBE Certification

An applicant for MWBE certification may appeal a denial determination made by the Division of Minority and Women’s Business Development, pursuant to the following procedures:

An applicant must complete the Request to Appeal form and mail it to the MWBE Appeals Unit within thirty (30) days of receipt of the Denial Determination (also referred to as the “denial letter”) which gave the applicant written notice of the Division’s determination:

MWBE Appeals Unit
New York State Department of Economic Development
625 Broadway, 8th Floor
Albany, NY 12245

On the Request to Appeal form, the applicant must select whether it seeks to appeal via written submission or via virtual hearing* as well as provide the bases upon which the Denial Determination is being appealed and identify documents that the applicant anticipates relying on. The election to appeal via written submission or virtual hearing may not be changed by the applicant once made.

Virtual Hearing

If the applicant selects the option of appearing at a virtual hearing, the Appeals Unit will subsequently contact the applicant to determine its availability and schedule a hearing.

After identifying a date for the hearing, the Appeals Unit will send the applicant a Notice of Hearing formally setting the date of the appeal hearing.

Written Appeal

If the applicant selects the option of submitting a written appeal, the applicant will receive a Notice of Written Appeal and the deadline to file its submission containing arguments and exhibits, with the MWBE Appeals Unit and Administrative Law Judge is 60 business days from the date that it received the Denial Determination.

Note that for applicants choosing to submit a written appeal, the deadline to submit such written appeal is 60 business days from receipt of the Denial Determination, regardless of when the applicant receives the Notice of Written Appeal.

An independent hearing officer or Administrative Law Judge (“ALJ”) will be appointed to conduct the hearing or review an applicant’s written submission. The Division, who will be represented by counsel, will appear at the virtual hearing or submit a response to the written submission. Subsequently, the ALJ will make a recommendation on the appeal of the Denial Determination to the Director of the Division of Minority and Women’s Business Development for final administrative action through the issuance of a final order.

For appeals concerning the denial of MWBE certification, an applicant’s presentation of evidence is limited to such relevant documentation that was before the Division at the time of the review of the application and Denial Determination.

Note that once a virtual hearing date has been agreed upon and scheduled or the applicant has elected to submit a written appeal, the date of the hearing or deadline for the written appeal submission shall be a firm date certain. An adjournment may be requested but will only be considered upon showing of good cause, and at the discretion of the ALJ. If an adjournment is required for a virtual hearing or an extension of time to submit a written appeal, an applicant must make such request to the ALJ at least seven (7) days prior to the scheduled date of the hearing or in the case of a written appeal, at least seven (7) days before the deadline to submit a written appeal submission and the request must be on notice to counsel for NYS Department of Economic Development.

*Due to the COVID-19 pandemic, live and in-person hearings are not being held, however, virtual hearings are being conducted using the Webex videoconferencing platform, which requires that all parties have a fast, reliable internet connection and computer enabled with audio/video capabilities.

This information is provided for reference only and is not a substitute for consultation with an attorney. Please also refer to Executive Law Article 15-A and 5 NYCRR Part 140, (both available here), information about the MWBE certification eligibility requirements and/or consult the guide concerning appeals of denial determinations) for more information.