reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.6 - Location and hours

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records
				shall be made available at the main office of the department, located at 30
				South Pearl Street, Albany, NY 12245.
(b) The department shall accept requests for
				records and produce records during regular business hours, which are between 9
				a.m. and 5 p.m., any day except Saturday, Sunday, a public holiday or a day on
				which the department is otherwise closed.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.7 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for
				access to, correction or amendment of records shall be made in writing. All
				requests shall be filed with or referred to the personal privacy compliance
				officer.
(b) A request shall
				reasonably describe the record sought. When possible, the data subject should
				supply identifying information to assist the department in locating the records
				sought.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.8 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				business days of the receipt by the department of a request for access to a
				record, the personal privacy compliance officer shall make such record
				available to the data subject, deny such request in whole or in part and
				provide the reasons therefor in writing, or furnish a written acknowledgment of
				the receipt of such request and a statement of the approximate date when such
				request will be granted or denied, which date shall not exceed 30 days from the
				date of the acknowledgment.
(b)
				Within 30 business days of receipt of a written request from a data subject for
				correction or amendment of a record or personal information, the personal
				privacy compliance officer shall either:
(1)
				make the correction in whole or in part and notify the data subject that, upon
				his or her request, such correction or amendment will be provided to any or all
				persons or governmental units to which the record or personal information has
				been disclosed; or
(2) refuse to
				correct or amend the record and notify the data subject of the reasons
				therefor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.9 - Appeal of denial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any data
				subject whose request under section
				2.7 or
				2.8 of this Part is denied in whole
				or in part, within 30 business days, may appeal such denial in writing to the
				deputy commissioner and counsel of the department.
(b) Within seven business days of the receipt
				of an appeal of a denial of access, or within 30 business days of an appeal of
				a denial of a request for correction or amendment, the deputy commissioner and
				counsel shall either:
(1) provide access to
				or correct or amend the record and notify the data subject that, upon request,
				the correction or amendment shall be provided to any or all persons or
				governmental units to which the record or personal information has been
				disclosed; or
(2)
(i) fully explain in writing to the data
				subject the factual and statutory reasons for further denial and inform the
				data subject of his or her right to seek judicial review of the determination
				under section
				97 of the
				Public Officers Law;
(ii) inform
				the data subject of the right to file with the department a statement of
				reasonable length setting forth the reasons for disagreement with the
				determination and that upon request of the data subject, the statement of
				disagreement will be provided to any or all persons or governmental units to
				which the record has been disclosed;
(iii) clearly note any portions of the record
				which are disputed, and attach the statement of disagreement as part of the
				record, provided that a concise statement of the reasons for not making the
				requested amendment or correction may also be included in the record;
				and
(iv) immediately forward to the
				committee a copy of the appeal, together with the determination and the reasons
				set forth.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination rendered upon such appeal shall inform the data subject of the
				right to:
(1) file with the department a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determination; and
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1
				of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.11 - Disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For disclosures
				pursuant to section
				96 of the
				Public Officers Law, the personal privacy compliance officer shall:
(1) keep an accurate accounting of the date,
				nature and purpose of each disclosure of a record or personal information, and
				the name and address of the person or governmental unit to whom the disclosure
				is made;
(2) retain such accounting
				made for at least five years after the disclosure for which the accounting is
				made, or for the life of the record disclosed, whichever is longer;
(3) at the request of the data subject,
				inform any person or other governmental unit to which a disclosure has been or
				is made of any correction, amendment or notation of dispute made by the
				department, provided that an accounting of the prior disclosure was made or
				that the data subject to whom the record pertains provides the name of such
				person or governmental unit; and
(4) with respect to disclosures made for
				inclusion in a public safety agency record or to a governmental unit or
				component thereof whose primary function is the enforcement of civil or
				criminal statutes, comply with the provisions of paragraphs (d) and (e) of
				subdivision 3 of section
				94 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.12 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search for records;
				or
(3) any certification of a
				record.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 3 - Declaratory Rulings › Section 3.1 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
The department may, on petition, issue a declaratory ruling
				  with respect to the applicability to any person, property or state of facts of
				  any rule or statute enforceable by the department; and whether any action taken
				  by it should be taken pursuant to a regulation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 3 - Declaratory Rulings › Section 3.2 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for
				declaratory rulings shall be made to the department' s deputy commissioner and
				counsel, in a form prescribed by the department, which shall contain sufficient
				information to identify with particularity the person, the property or the
				state of facts and the rule or statute enforceable by the department, the
				applicability of which is sought to be determined or shall identify with
				particularity the action, with respect to which the declaratory ruling is
				sought.
(b) Such request may be
				accompanied by a memorandum in support setting forth the reasons for the
				request. Requests pursuant to this subdivision shall be granted or denied by
				the department's deputy commissioner and counsel, within 30 days of the date on
				which such request is received in proper form by the department's deputy
				commissioner and counsel, provided that in the case of a request for a
				declaratory ruling with respect to whether an action by the department should
				be taken pursuant to a rule, the request shall be granted or denied by the
				department's deputy commissioner and counsel within 60 days of such
				date.
(c) For request of
				declaratory rulings.
Department of Economic Development
30 South Pearl Street
Albany, New York 12245
Request for Declaratory Ruling
Name ________ Business Phone ________
Representing ____________
____________
Address ____________
____________
Mailing Address (if different) ____________
____________
Ruling Requested (Specify with particularity which person,
				  what property, or what state of facts and rule or statute enforceable by the
				  Department, applicability of which is sought to be determined, or identify with
				  particularity the action with respect to which the declaratory ruling is
				  sought):
____________
____________
____________
____________
____________
____________
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 4 - Fee For The Procurement Opportunities Newsletter › Section 4.1 - Fee for the procurement opportunities newsletter

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in section
				  4.2, an annual fee of $125 shall be
				  charged for the New York State Contract Reporter, the procurement opportunities
				  newsletter published by the Department of Economic
				  Development.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 4 - Fee For The Procurement Opportunities Newsletter › Section 4.2 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
No fee shall be charged for furnishing a procurement
				  opportunities newsletter to the Governor, a member of the Legislature, the head
				  of any State department or a representative of the press. The Director of the
				  Budget may prescribe other cases in which no fee shall be
				  charged.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to set forth the
				  application process for designation of areas as empire zones pursuant to
				  article 18-B of the General Municipal Law, as well as to provide definitions of
				  terms pertinent to this Chapter. The Commissioner of Economic Development shall
				  announce periodically the commencement of and timetable for rounds of
				  competition for designation of empire zones. The application process shall be
				  conducted as prescribed in application forms prepared and distributed by the
				  commissioner, who shall receive and review the applications and make
				  recommendations to the empire zones designation board.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant means
				the county, city, town or village submitting an application in the manner
				authorized by local law for designation of an area as an empire zone.
(b) Applicant municipality means the county,
				city, town or village that applied for and received empire zone
				designation.
(c) Chief executive
				means:
(1) a county executive or manager of a
				county;
(2) in a county not having
				a county executive or manager, the chairperson or other presiding officer of
				the county legislative body;
(3) a
				mayor of a city or village, except where a city or village has a manager, it
				shall mean such a manager; or
(4) a
				supervisor of a town, except where a town has a manager, it shall mean such
				manager.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.3 - Authorized applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applications for empire zone designations may be submitted by a city, county
				(other than a county located wholly within a city), town or village or a zone
				within it that satisfies the requirements of article 18-B of the General
				Municipal Law and these regulations. A city, county (other than a county
				located with a city), town or village must adopt a local law authorizing such
				municipal corporation to prepare and submit an application to the commissioner
				for designation of an area therein as an empire zone. The adoption of such
				local law shall occur prior to submission of an application for such
				designation, and shall describe the boundaries of such area in a manner and
				form prescribed by the department.
(b) Applications, described in section
				10.8 of this Part, must:
(1) be signed by the chief executive officer
				of the county, city, town or village making the application, or by such chief
				executive officer's designee, and must be received by the commissioner on or
				before the date announced by the commissioner for each round;
(2) include a statement signed by the chief
				executive, or by such chief executive's designee that the information contained
				in such application, to the maximum extent possible, is accurate and
				complete;
(3) if submitted by a
				city, town or village for a zone located wholly or partly within another
				municipality, include a copy of a local law or resolution by the governing body
				of such municipality, except for the county, concurring in the application;
				and
(4) if submitted by a county,
				include a copy of a local law or resolution by the governing body of each city,
				town or village in which the zone is to be located, concurring in the
				application.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be eligible
				to compete for designation as an empire zone, an area or each constituent part
				thereof must be characterized by pervasive poverty, high unemployment and
				general economic distress; correspond to traditional neighborhood or community
				boundaries and, where appropriate, be bounded by major natural or man-made
				physical boundaries, such as bodies of water, railroad lines, or limited-access
				highways; must meet the requirements set forth in subdivision (b), (d), (f) or
				(h) of this section pursuant to the most recent census data available, where
				applicable, or, in lieu of census data, pursuant to other data deemed reliable
				by the commissioner, and meet the zoning and land availability criteria set
				forth in subdivisions (j) and (k) of this section. Zones designated pursuant to
				subdivisions (b) and (h) of this section shall be known as "investment zones"
				and zones designated pursuant to subdivisions (d) and (f) of this section shall
				be known as "development zones".
(b) An area shall be eligible for designation
				if it includes a United States census tract or tracts or block-numbering area
				or areas, or portions thereof, each full census tract or portion of a block-
				numbering area of which, according to the most recent census data available,
				has:
(1) a poverty rate of at least 20
				percent for the year to which the data relate;
(2) an unemployment rate of at least 1.25
				times the statewide unemployment rate for the year to which the data
				relate;
(3) a population of at
				least 2,000.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.5 - Nearby or contiguous lands

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Lands nearby or contiguous to areas described in section
				10.4(b) and (h) of
				this Part may be eligible to be included within an empire zone if, upon the
				request of the applicant for such designation, the commissioner finds that such
				additional lands have significant potential for business development and job
				creation which will enhance economic revitalization of the zone and benefit
				zone residents. This request shall be included in the original application for
				designation of an area as an empire zone; for an existing zone or in a request
				for a boundary revision.
(b)
				Factors to be considered by the commissioner in determining whether such
				additional lands have significant potential for business development and job
				creation are:
(1) existing infrastructure,
				such as water, sewers and roadways;
(2) lands and/or buildings immediately
				available for development;
(3)
				access to public transportation;
(4) labor force available in the immediate
				area;
(5) nearby training
				facilities; and
(6) existing
				business base capable of expansion.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.6 - Size and boundaries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in subdivision (c) of this section, an area for which designation
				as an empire zone is sought shall not exceed two square miles for any proposed
				or existing zone. Such area shall be defined by one or more borders determined
				by the applicant, which need not be entirely coterminous with the borders of
				census tracts or block-numbering areas. Each zone shall be located entirely
				within traditional neighborhood or community boundaries and, where appropriate,
				be bounded by major natural or man-made physical boundaries, such as bodies of
				water, railroad lines, or limited-access highways.
(b) An area for which designation as an
				empire zone is sought shall not exceed two square miles for any zone within a
				town with a population of less than 25,000, provided that such zone is not
				wholly within a village. Such area shall be defined by a continuous border,
				which shall be determined by the applicant, and which need not be entirely
				coterminous with the borders of census tracts or block-number areas.
(c) Any zone lands designated for regionally
				significant projects as defined in section
				10.2(u) of this
				Part shall not be included within the two square mile limitation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.7 - Competition criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The following factors may be considered by the commissioner
				  in determining which of the competing applications he or she shall recommend to
				  the empire zones designation board:
(a) demonstration of chronic and severe
				economic distress and the reasons therefor as evidenced by population and
				employment decline, increase in unemployment and public assistance recipients,
				decline in real property values, relative decline in per capita income, the
				extent of abandoned property and deteriorated industrial, commercial and
				residential properties, a decline in the number of business establishments,
				obsolescence in plant capacity, loss of markets to foreign competition, the
				unavailability of expansion financing, poor access to markets, the retirement
				of local owners of companies;
(b) a
				demonstration of the potential of the area to attract private investment that
				will provide employment to persons in the area who are unemployed or
				economically disadvantaged;
(c) a
				demonstration of substantial public and private commitments to a long-term
				economic revitalization program for the area and the local capacity to manage
				such a program;
(d) a demonstration
				of the manner in which the overall economic development plan enunciates the
				needs of the area and sets forth proposals to meet them;
(e) a demonstration of the manner in which
				progress in implementing the zone development plan will be routinely evaluated
				on the local level and how information essential for periodic evaluations will
				be compiled;
(f) the extent to
				which the applicant has made financial commitments for zone activities,
				including but not limited to, marketing of the zone for business development,
				human resource services for zone residents and businesses, and services for
				small and minority and women-owned businesses; and
(g) the likelihood that any publicly
				controlled or other developable lands and buildings within the proposed zone
				will be made available for industrial and commercial development.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.9 - Commissioner's review of applications; recommendation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall review and analyze
				each application and make recommendations to the empire zones designation board
				for designation of areas as empire zones. An applicant which is not recommended
				by the commissioner to the empire zones designation board may reapply to the
				commissioner in a subsequent round of competition.
(b) By January 1, 2006, each existing empire
				zone must identify to the empire zones designation board its distinct and
				separate contiguous areas. The empire zones designation board shall approve the
				initial distinct and separate contiguous areas so identified. Provided,
				however, such approval shall be by unanimous vote.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 10 - Definitions And Zone Designation Application Process › Section 10.10 - Boundary revisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				applicant municipality of an empire zone may, by resolution, submit to the
				commissioner a request to revise the boundaries of such empire zone. The
				commissioner may approve such revision subject to the following provisions:
(1) the commissioner must determine that a
				change in circumstances has occurred since the establishment of the existing
				borders which makes revision of such borders necessary or desirable;
				and
(2) the commissioner shall
				affirm that such revision would not have the effect of producing an empire zone
				which does not satisfy the criteria for empire zone designation established by
				sections 10.3(a), (b)(3) and
				(4),
				10.4, 10.5 and
				10.6 of this Part;
(3) the commissioner may grant approval of
				revisions of the borders of an empire zone after prior public notice and a
				public hearing if such revision adds territory to an existing empire zone;
				and
(4) the commissioner may grant
				approval of a revision of the borders of an empire zone after public notice of
				such proposed revision and a public hearing at least 30 days prior to the
				effective date of such revision, if such revision removes territory from an
				existing empire zone.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.2 - Authorized applicants

Current through Register Vol. 46, No. 28, July 10, 2024
A business enterprise which owns or operates a facility in an
				  empire zone, or which plans to do so, may apply for certification pursuant to
				  this Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.3 - Contents of application

Current through Register Vol. 46, No. 28, July 10, 2024
Application for certification of a business enterprise shall
				  be made on a form prescribed by the commissioner, which may include, but not be
				  limited to:
(a) Identification of
				applicant:
(1) name and form of business
				organization of applicant;
(2)
				taxpayer identification number;
(3)
				New York State unemployment insurance registration number; and
(4) names of parent, subsidiary and
				affiliated business organizations, if any.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.4 - Criteria and determinations for certification

Current through Register Vol. 46, No. 28, July 10, 2024
The local empire zone administrative board, when evaluating
				  certification applications of business enterprises for recommendation to the
				  commissioner, and the commissioner, when determining whether to approve or
				  disapprove those applications for certification, shall consider the following
				  criteria:
(a) whether the business
				enterprise, if certified, is reasonably likely to create new employment or
				prevent a loss of employment in the empire zone;
(b) whether such new employment opportunities
				will be for individuals who will perform a substantial part of their activities
				in the empire zone;
(c) whether
				such business enterprise or single business enterprise, as defined in section
				10.2(ac) of this
				Title, is likely to enhance the economic climate of the empire zone;
(d) whether certification will have the
				undesired effect of causing individuals to transfer from existing employment
				with another business enterprise to similar employment with the business
				enterprise so certified, and transferring existing employment from one or more
				other municipalities in the State, or transferring existing employment from one
				or more other businesses in the zone. For purposes of this paragraph, a
				transfer of employment shall not be deemed to occur when a business relocates
				to an empire zone from a business incubator facility operated by a municipality
				or by a public or private not-for-profit entity which provides space and
				business support services to newly established firms;
(e) whether such business enterprise with the
				zone development plan;
(f) whether
				such business enterprise or single business enterprise has made provision for
				empire zone recruitment for openings for jobs and training programs in the
				empire zone;
(g) whether, as set
				forth in section
				10.2(g) and (aa)
				of this Title, such business enterprise or single business enterprise has a
				benefit-to-cost ratio of at least 10:1 for manufacturing enterprises and 20:1
				for all other business enterprises, the numerator of which is the sum of:
(1) the estimated value of all wages and
				benefits paid for the first three years of certification to all existing and
				projected employees of the business enterprise in the zone; and
(2) the estimated value of capital
				investments for the first three years of certification in the zone, and the
				denominator of which is the estimated amount of total empire zone tax benefits
				that may be used and may be refunded for the first three years of
				certification;
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.6 - Form of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner shall develop a certificate form to be signed by the commissioner,
				which shall include, but not be limited to, the location of the empire zone,
				the name of the business enterprise, the street address of the applicable
				facility or facilities within the zone, the date the certification is issued,
				and the effective date of the certificate, and the period for which the
				certificate is in effect.
(b) The
				effective date of certification shall be the date the chair of the local empire
				zone administrative board signed the application indicating that the local zone
				administrative board recommended the business enterprise for certification,
				unless, upon petition by the business enterprise the commissioner approves as
				an effective date:
(1) the date the
				application for certification is approved by the commissioner; or
(2) in the case of a business enterprise that
				submitted an application for a regionally significant project to the Department
				of Economic Development prior to April 7, 2009 but submitted an application for
				certification on or after April 7, 2009, the date the commissioner determined
				the project to be eligible as a regionally significant project in accordance
				with section
				10.2(u) of this
				Title. Such petition must be submitted to the commissioner prior to his/her
				approval of the business enterprise's application for certification.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.7 - Annual report of certified businesses

Current through Register Vol. 46, No. 28, July 10, 2024
Each certified business enterprise shall annually submit a
				  report to the local empire zone administrative board on a form to be prescribed
				  by the commissioner. Such report shall include but not be limited to the
				  following:
(a) business certification
				information to include: organization name, organization address in the zone,
				contact information, Federal employment ID number, New York State unemployment
				insurance number, state of formation or incorporation, and verification that
				the business is authorized to conduct business in the State of New
				York;
(b) employment numbers
				calculated in the same manner in which the employment number is required to be
				calculated by section
				14 of the Tax Law including: total existing
				full-time equivalent jobs in the zone as of the date of certification within
				that zone, total existing jobs in the zone for the year in which the report is
				being provided, total remuneration paid to employees in the zone each quarter
				of the reported year, total number of employees of all zones, total annual
				remuneration in all zones, total annual remuneration paid in New York State for
				the reported year, total employment number in New York State for the reported
				year as shown on each business' NYS-45 wage reporting form filed with the
				Department of Labor;
(c) capital
				investment to include investments in tangible personal property on other
				tangible property which is depreciable pursuant to section 179(d) of the United
				States Internal Revenue Code. Capital Investments do not include operating
				expenses such as office supplies, utilities, rent, and other recurring
				expenses;
(d) tax benefits used and
				refunded: provide an estimation of the amount of the following credits used and
				refunded for the reported year by the certified business, or by the taxpayers
				within the certified business including its shareholders, members, partners or
				the owner of a sole proprietorship; wage tax credits, investment tax credits,
				employment incentive tax credits, real property tax credit, and tax reduction
				credit; and
(e) other benefits;
				estimated valued to the certified business of the sales tax benefits for the
				reported year.
The local empire zone administrative board shall send such
				  reports to the commissioner.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.8 - Denial of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may deny a business enterprise's application for certification
				based upon any of the criteria set forth in section
				11.4 of this Part. If the
				commissioner has denied a business enterprise's application for certification,
				the commissioner shall notify the business enterprise of such denial and its
				right to a hearing pursuant to the procedures set forth in Part 13 of this
				Title in writing in a notice of denial of certification. A notice of denial of
				certification may be served by the department on the business enterprise by
				certified, registered or overnight mail sent to the business enterprise at the
				address for the business enterprise indicated on its application.
(b) A business enterprise that has been
				denied certification by the Commissioner of Economic Development may request a
				hearing within 30 days of its receipt of the notice of denial of certification.
				Failure to request a hearing within 30 days will be deemed a waiver of the
				business enterprise's right to a hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.9 - Revocation of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may revoke the certification of a business enterprise upon a
				finding of any one of the following:
(1) the
				business enterprise made material misrepresentations of fact on its application
				for certification or on a business annual report, or the business enterprise
				failed to disclose facts in its application for certification that would
				constitute grounds for not issuing a certification;
(2) the business enterprise has failed to
				construct, expand, rehabilitate, invest in or operate its facility
				substantially in accordance with the representations contained in its
				application for certification;
(3)
				the business enterprise has failed to create new employment or prevent a loss
				of employment in the empire zone;
(4) the business enterprise has failed to
				submit an annual report pursuant to section
				11.7 of this Part by the deadline
				established by the commissioner after it has applied for zone tax benefits or
				program assistance based on new hires or investments or failed to submit other
				information;
(5) the business
				enterprise has changed ownership or moved its operations out of the empire
				zone; or
(6) the business
				enterprise has failed to pay the projected wages and benefits and to make the
				projected capital investments as set forth in the cost benefit analysis
				provided on the business enterprise's application for certification.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 11 - Certification Of Business Enterprises › Section 11.10 - Certification after revocation

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to the procedures set forth in section
				  11.5 of this Part, a business
				  enterprise may be certified after its certification has been revoked, upon a
				  showing that the conditions which resulted in the revocation of certification
				  have been resolved. The effective date of certification for a business
				  enterprise that is certified after revocation shall be the effective date of
				  the enterprise's original certification and the Tax Law, rules and regulations
				  in place on the date of the first certification shall apply, provided that the
				  enterprise shall not be eligible for empire zone tax benefits during the period
				  when its certification was revoked. Provided further, a business enterprise
				  seeking certification after revocation shall be subject to the laws, rules, and
				  regulations governing certification in effect at the time.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 12 - Recordkeeping, Inspection And Audit › Section 12.1 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The business enterprise shall establish and maintain complete
				  and accurate books, records, documents, accounts and other evidence directly
				  pertinent to the information provided in its application for certification and
				  its business annual reports (collectively, the "records"). The records must be
				  kept for the balance of the calendar year in which they were made and for six
				  additional years thereafter.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 12 - Recordkeeping, Inspection And Audit › Section 12.2 - Inspection and audit

Current through Register Vol. 46, No. 28, July 10, 2024
The department, the Department of Taxation and Finance, and
				  the Department of Labor shall have access to the records during normal business
				  hours at an office of the business enterprise within the State of New York for
				  the term specified in section
				  12.1 of this Part for the purposes
				  of inspection, auditing and copying. The aforementioned agencies shall take
				  reasonable steps to protect from public disclosure any of the records which are
				  exempt from disclosure under section
				  87 of the
				  Public Officers Law provided that:
(a)
				the business enterprise shall timely inform an appropriate official from the
				agency conducting the inspection and audit, in writing, that said records
				should not be disclosed;
(b) said
				records shall be sufficiently identified; and
(c) designation of said records as exempt
				under section
				87 of the
				Public Officers Law is reasonable.
Nothing herein shall diminish, or in any way adversely
				  affect, New York State's right to discovery in any pending or future
				  litigation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all appeals of denials of
				  certification pursuant to sections 11.5 and
				  11.8 of this Title and revocations
				  of certification pursuant to section
				  11.9(a) and (b) of
				  this Title.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) CPLR means the
				Civil Practice Law and Rules.
(b)
				Party means the staff of the Department of Economic Development and all persons
				designated as petitioner, respondent, or intervenor in any adjudicatory
				proceeding subject to this Part.
(c) Report means the hearing officer's
				summary of the hearing record, including their findings of fact, conclusions
				and recommendations on the findings.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.3 - Designation of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				designation of a hearing officer shall be made by the Commissioner of Economic
				Development in writing and filed with the Department of Economic
				Development.
(b) Upon being
				notified that a hearing officer declines or fails to serve, or in the case of
				death, resignation or removal of a hearing officer, a successor hearing officer
				shall be designated by the Commissioner of Economic Development to continue the
				proceeding.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.4 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The notice
				of hearing shall contain a statement of the legal authority and jurisdiction
				under which the proceeding is to be held; a reference to the particular
				sections of the statutes and regulations not satisfied or violated; a short and
				plain statement of the matters asserted or at issue; and the time, place and
				date for a hearing no later than 60 days following receipt of the request for a
				hearing.
(b) The notice of hearing
				shall be served at least 30 days prior to the date of the hearing and shall be
				by certified or registered mail, or by service consistent with article 3 of the
				CPLR. Where service is by mail, service shall be deemed complete five days
				after mailing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.5 - Adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
A request for an adjournment of the hearing should be in
				  writing and submitted to the hearing officer and other parties prior to the
				  hearing. Adjournments shall be granted only by the hearing officer and only
				  after the hearing officer has consulted all parties. When granted, adjournments
				  should be to a specified time, day and place.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.6 - Responsive pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				respondent shall file and other parties may file a responsive pleading. All
				responsive pleadings must be served upon the hearing officer, members of the
				administrative tribunal and other parties. The responsive pleading shall
				specify which allegations are admitted, which allegations are denied and which
				allegations a party has insufficient information upon which to form an
				opinion.
(b) The responsive
				pleading shall be served within 20 days of receipt of the notice of hearing by
				a party.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.7 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may amend or supplement a pleading at any time
				  prior to the submission of the hearing officer's report to the administrative
				  tribunal, by leave of the hearing officer, if there is no substantial prejudice
				  to any other party.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.8 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
All notices and papers connected with a hearing, other than
				  the notice of hearing may be served by first class mail. Except where otherwise
				  provided, service by mail shall be deemed complete five days after
				  mailing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.9 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Upon the service of a notice of hearing,
				any party to the proceeding may demand in writing from any other party
				disclosure of any of the following, which such other party intends to introduce
				at the hearing:
(i) names of witnesses;
				however, a summary of the testimony to be given by the witnesses shall not be
				required to be disclosed;
(ii) a
				list of documentary evidence;
(iii)
				photocopies of documentary evidence listed in subparagraph (ii) of this
				paragraph in the possession of the party upon whom the demand has been made;
				and
(iv) a brief description of
				physical or other evidence which cannot be photocopied.