N.Y. Comp. Codes R. & Regs. Tit. 2 § 105.7 - Determinations by the comptroller
(a) The Comptroller shall review the report
of the hearing officer. The Comptroller, in his reasonable judgment, may adopt
or modify the report. On the basis of the report as adopted or modified, the
Comptroller shall determine, in writing, whether, pursuant to section
139-h of the State Finance Law, the
contract must be terminated, and if so, on what date the termination shall take
effect.
(b) If the Comptroller
determines that the contract shall be terminated retroactively, the Comptroller
shall allow for the payment of the direct costs incurred by the contractor
unless the Comptroller determines that the contractor has failed, without
justification, to comply with the notice requirements. In such case, the
Comptroller may disallow the payment of such direct costs.
(c) The Comptroller shall notify the
contractor of the determinations made by sending a copy of the determinations
to the contractor by registered mail. The Comptroller shall also send a copy of
his determinations to the Attorney General and the appropriate public
department, agency or official.
Notes
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