NYC 9/11 Public Portal Document
1.3 (a) The commissioner or agency head whose agency is a party in interest to
the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall
convene a hearing, upon not less than five (5) days written notice to the parties involved to
determine if any penalties should attach for the failure of a person to testify.
1.3(b) If any non-governmental party to the hearing requests an adjournment.
the commissioner or agency head who convened may, upon granting the adjournment, suspend
any contract, lease, permit, or license pending the final determination pursuant to paragraph 1.5
below without the City incurring any penalty or damages for delay or otherwise.
1.4 The penalties which may attach after a final determination by the commissioner
or agency head may include but shall not exceed;
(a) The disqualification for a period not to exceed five (5) years from the
date of an adverse determination for any person, or any entity of which
such person was a member at the time the testimony was sought, from
submitting bids for, or transacting business with, or entering into or
obtaining any contract, lease, permit or license with or from the City;
and/or
(b) The cancellation or termination of any and all such existing City
contracts, leases, permits or licenses that the refusal to testify concerns
and that have not been assigned as permitted under this agreement, nor
the proceeds of which pledged, to an unaffiliated and unrelated
institutional lender for fair value prior to the issuance of the notice
scheduling the hearing, without the City incurring any penalty or damages
on account of such cancellation or termination; monies lawfully due
for goods delivered, work done, rentals, or fees accrued prior to the
cancellation or termination shall be paid by the City.
1.5 The commissioner or agency head shall consider and address in reaching his or
her determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b)
below. He or she may also consider, if relevant and appropriate, the criteria established in
66
NYC-WTC_000170513
OCR can misread numbers and units. Confirm readings against the page image before using them.