New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.5 - Evaluation of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Completed applications for certification shall be submitted by the business
				enterprise to the local empire zone administrative board.
(b) The local zone administrative board shall
				first determine whether the facility is, or is planned to be, located in the
				empire zone. If the local zone administrative board determines that the
				facility is, or is planned to be, located in the empire zone, the local empire
				zone administrative board shall make a determination to recommend or not
				recommend a business enterprise for certification based upon the business
				enterprise's completed application. If the local zone administrative board
				recommends a business enterprise for certification, the chair of the local
				empire zone administrative board shall so indicate that recommendation by
				signing the application in the space provided therefore and forward the
				completed application to the commissioner and retain a copy. Provided, however,
				if the applicant is in a pending boundary revision or awaiting approval of a
				regionally significant project, the chair of the local zone administrative
				board shall not send the application to the commissioner prior to the official
				approval of such boundary revision or regionally significant project.
(c) If the completed application is
				recommended by the local empire zone administrative board, the commissioner
				shall send the application to the Commissioner of Labor for review pursuant to
				section
				959 (a)(iii)(5) and
				(7) of the General Municipal Law. Upon
				completion of that review, the Commissioner of Labor shall notify the
				commissioner whether the business enterprise, during the three years preceding
				the submission of an application for certification, has:
(1) engaged in a substantial violation or a
				pattern of violations of laws regulating unemployment insurance, workers
				compensation, public work, child labor, employment of minorities and women,
				safety and health, or other laws for the protection of workers as determined by
				final judgement of a judicial or administrative proceeding, further, the
				Commissioner of Labor shall notify the commissioner if the business enterprise
				failed to disclose on its application any findings that it had violated the
				laws regulating unemployment insurance, workers' compensation, public work,
				child labor, employment of minorities and women, safety and health, labor
				standards, or any other laws for the protection of workers during the three
				years preceding the date upon which it submitted its application; or
(2) been found in a criminal proceeding to
				have violated, in the previous three years, any of the foregoing laws or
				regulations promulgated pursuant to such laws, the conditions of any permit
				issued thereunder, or similar statute, regulation, order or permit condition of
				any other government agency, foreign or domestic.
In the evert the Commissioner of Labor determines that the
				  business enterprise has been found in a criminal proceeding to have committed
				  the violations referred to in paragraph (2) of this subdivision, the business
				  enterprise shall not be certified.