reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.8 - Renewal or extension of certificate

Current through Register Vol. 46, No. 28, July 10, 2024
No renewal or extension may be granted for more than one
				  year, but successive annual renewals or extensions may be granted. However, no
				  such annual renewal or extension shall extend beyond the ninth year after that
				  to which the original certificate relates.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.9 - Revocation or modification of certificate

Current through Register Vol. 46, No. 28, July 10, 2024
Any certificate may be revoked or modified by the board in
				  accordance with section 120 of the Commerce Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.10 - Contiguous census tracts

Current through Register Vol. 46, No. 28, July 10, 2024
The board may designate as an eligible area any city census
				  tract which is otherwise not eligible if:
(a) the tract is contiguous to one or more
				eligible census tracts;
(b) the
				board has received an application for a business facility located in such
				tract; and
(c) the tract is not
				substantially different in character from its contiguous eligible tract or
				tracts in terms of land use, median family income and employment
				opportunity.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.11 - Retail facility

Current through Register Vol. 46, No. 28, July 10, 2024
A facility used primarily for retail sales shall not be
				  eligible for tax credits and exemptions under the job incentive program. In
				  determining whether or not a facility is primarily a retail facility, the board
				  will consider the following factors:
(a) whether more than 50 percent of the
				full-time employees or equivalent full-time employees are engaged in making
				retail sales of goods or services to retail customers who personally visit such
				facility;
(b) whether more than 50
				percent of the space in the business facility is being used in making retail
				sales of goods or services to retail customers who personally visit such
				facility;
(c) whether more than 50
				percent of the receipts received at the facility by the applicant are derived
				from retail sales of goods or services to retail customers who personally visit
				such facility.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.13 - International banking facility

Current through Register Vol. 46, No. 28, July 10, 2024
An international banking facility shall have the meaning as
				  set forth in the New York State Banking Law or regulations promulgated
				  thereunder or as set forth in the Laws of the United States or regulations of
				  the Board of Governors of the Federal Reserve System. A banking corporation
				  taxable under article 32 of the Tax Law that operates an international banking
				  facility must exclude from eligibility the property and wages attributable to
				  the international banking facility. The wage expense attributable to the
				  international banking facility will be computed as set forth in 20 NYCRR Part
				  38. The portion of property values and rental values relating to a depreciation
				  expense or rent expense allocated to the international banking facility
				  pursuant to 20 NYCRR Part 38 shall not qualify as eligible property
				  values.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.14 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
The board may, upon written application from any business
				  concern, grant a variance from one or more specific rules or regulations,
				  consistent with the following:
(a) Any
				application for a variance hereunder must:
(1)
				identify the specific rule or regulation from which a variance is sought;
				and
(2) demonstrate that the
				application of the identified rule or regulation would, on the basis of
				conditions unique and peculiar to the applicant's particular situation, have
				the effect of preventing an applicant from receiving benefits which, in view of
				the overall intent of the job incentive program, should be available to the
				applicant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 102 - Powers And Duties Of Board › Section 102.15 - Review of board action

Current through Register Vol. 46, No. 28, July 10, 2024
Any determination of the board with reference to the
				  issuance, denial, modification or revocation of a certificate of eligibility,
				  or any renewal or extension thereof, shall be reviewable under article 78 of
				  the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall order that a hearing be held when it has
				  reason to believe it may be necessary to revoke or modify a certificate of
				  eligibility pursuant to subdivision (f) of section 120 of the Commerce
				  Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.1 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who would be aggrieved by the determination of the
				  board in revoking or modifying a certificate of eligibility may appear and be
				  heard in person, or by a duly appointed representative, and may produce, under
				  oath, evidence relevant and material to such revocation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.2 - Counsel

Current through Register Vol. 46, No. 28, July 10, 2024
A party may be represented by counsel; provided, however,
				  that said counsel shall be a member of the bar of the State of New York in good
				  standing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.3 - Authority for representation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person appearing before the board in a representative
				  capacity may be required to show his authority to act in such
				  capacity.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.4 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings shall be conducted by a hearing officer who may be a
				  member of the board or a person designated and empowered by the board. The
				  hearing officer shall rule upon matters of procedure and introduction of
				  evidence, and shall conduct the hearing in such manner, in his discretion, as
				  will best serve the purpose of the attainment of justice. Objections may be
				  taken to rulings of the hearing officer, with the reasons given for such
				  objections. After the conclusion of the hearing, the hearing officer shall
				  make, in writing, his findings as to whether the evidence sustains the charges,
				  or any of them, relating to revocation or modification of the certificate of
				  eligibility, and shall designate which charges he has found sustained by the
				  evidence and shall forward such findings to the board. A copy of such report
				  shall be served upon the certificate holder or his attorney by ordinary mail
				  prior to submission of such report to the board, provided a request therefor is
				  made on the record at the hearing. The report, when served, shall be
				  accompanied by a statement in writing advising that the recipient may
				  controvert any of the findings contained therein within the time limited in
				  such statement. The stenographic record of the hearing shall be referred,
				  together with the hearing officer's report, and statement controverting the
				  findings contained therein, for due consideration and appraisal by the
				  board.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.5 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
All parties shall be given reasonable notice of such hearing,
				  which notice shall include:
(a) a
				statement of the time, place and nature of the hearing;
(b) a statement of the legal authority and
				jurisdiction under which the hearing is to be held;
(c) a reference to the particular sections of
				the statutes and rules involved; and
(d) a short and plain statement of matters
				asserted.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.6 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
The certificate holder shall, within 30 days of the date of
				  the notice of hearing, respond to the statement of matters asserted in the
				  notice. Failure to serve an answer to the notice shall constitute an admission
				  of the matters asserted and a waiver of the right to any
				  hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.7 - Service

Current through Register Vol. 46, No. 28, July 10, 2024
Service of all documents and notices shall be made by
				  personal service or by deposit in first class mail in a depository maintained
				  by the United States Postal Service. Nonpersonal service shall be deemed
				  complete on mailing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.8 - Waiver of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate holder may waive his right to a hearing by
				  submitting to the board a written waiver therefor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.9 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Irrelevant or
				unduly repetitious evidence may be excluded. Every decision, determination or
				order shall be founded upon a preponderance of reliable and probative evidence
				based on the entire record. The hearing officer shall not be bound by the
				technical rules of evidence. Objections to evidentiary offers may be made and
				shall be noted in the record. For the purpose of expediting the hearing, and
				when the interests of parties will not be substantially prejudiced thereby, all
				or part of the evidence may be submitted in written form. All testimony,
				written or oral, shall be sworn testimony.
(b) All evidence, including records and
				documents in the possession of the board, of which it desires to avail itself,
				shall be offered and made a part of the record, and all such documentary
				evidence may be received in the form of copies of excerpts, or by incorporation
				by reference. In cases of incorporation by reference, the materials so
				incorporated shall be available for examination by the parties before being
				received in evidence.
(c) A party
				shall have the right of cross-examination.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.10 - Argument

Current through Register Vol. 46, No. 28, July 10, 2024
All parties shall be afforded an opportunity to present
				  written argument on issues of law, and an opportunity to present oral evidence
				  on issues of fact. Oral arguments shall be at the discretion of the hearing
				  officer. All arguments shall be included in the stenographic record of the
				  hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.11 - Briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Briefs, in triplicate, may be filed by any party to the
				  proceedings, and will become a part of the record, provided copies thereof are
				  first served upon all parties, and the original with affidavit of service is
				  submitted within the time fixed by the hearing officer.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.12 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for adjournments may be granted, for good cause,
				  by the hearing officer.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.13 - Motions, etc., order of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				order of proof in hearings before the board is as follows:
(1) testimony by the witness or witnesses in
				support of the charges preferred against the certificate holder;
(2) cross-examination of such
				witnesses;
(3) testimony by the
				certificate holder or his witnesses in defense;
(4) cross-examination of the certificate
				holder and of such witnesses.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter X - New York State Job Incentive Board › Part 103 - Revocation Hearings › Section 103.14 - Rehearing

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no rehearing unless an application is made to
				  the board therefor, based upon newly discovered evidence which is material and
				  relevant to the issues presented at the hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of providing financial assistance to business and
				  industry associations for export trade development and promotion is to provide
				  State funding, on a competitive basis, to eligible business and industry
				  associations which will encourage and assist their member businesses to engage
				  in export trade. The purpose of these regulations is to set forth the
				  application process for funding such business and industry
				  associations.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner means the Commissioner of
				the Department of Economic Development.
(b) Department means the Department of
				Economic Development.
(c) Eligible
				applicant or applicant means a not-for-profit corporation or other voluntary
				association or organization whose members have engaged in or are likely to
				engage in export trade.
(d)
				Eligible project includes, but is not limited to, any short-term project
				pursuant to which an applicant would provide its members with one or more of
				the following services: export market research; export trade promotion; export
				trade education; export trade finance technical assistance; export trade
				finance; or any other service designed to develop or promote export trade.
				Examples of eligible projects shall include, but not be limited to, conferences
				and seminars on specific trade issues; publications, such as export service
				directories and guides as well as newsletters; regional or industry specific
				trade research; and other services designed to develop or promote export
				trade.
(e) Financial assistance
				shall mean the financial assistance provided pursuant to article 10, section
				220
				(9) of the Economic Development Law, as
				enacted by chapter 291 of the Laws of 1990, and this Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.3 - Grant limits

Current through Register Vol. 46, No. 28, July 10, 2024
Except upon good cause shown to the commissioner, no grant
				  for financial assistance to an eligible applicant shall exceed
				  $5,000.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Periodically, the department shall issue a request for proposals for financial
				assistance. Such request shall specify the date by which proposals must be
				submitted, the number of copies of the proposal to be submitted, the office to
				which they should be submitted, the information to be contained in each
				proposal, and any other information which the commissioner deems relevant to
				determining whether to provide financial assistance.
(b) Alternatively, eligible applicants shall
				submit to the department an application for financial assistance in such a form
				and manner as the commissioner shall deem necessary or desirable.
(c) Proposals and applications shall include,
				but not be limited to, the following information:
(1) a description of the applicant's
				organization, purposes, and background;
(2) a description of the services the
				applicant proposes to provide to its members with the financial
				assistance;
(3) a description of
				the applicant's ability to provide the proposed services;
(4) a description of the potential for the
				development or promotion of export trade by the applicant's members using the
				applicant's proposed services;
(5)
				a statement of the availability of such proposed services from sources other
				than the applicant;
(6) a
				description of the methods by which the applicant proposes to coordinate its
				services with the services provided by the department and other public and
				private sector entities; and
(7) a
				budget, including matching funds, in-kind and otherwise, to be provided by the
				applicant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.5 - Evaluation; approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Deputy Commissioner of the International Division of the department shall
				review all proposals and applications for financial assistance to determine
				whether they are complete and meet the purpose of providing financial
				assistance, and shall forward his or her recommendations to the commissioner
				for a final decision.
(b) The
				department shall give preference to proposals and applications which result in
				benefiting an applicant's member businesses which offer goods or services
				substantially produced in New York State.
(c) The commissioner shall approve or
				disapprove of the proposals and applications, and so notify the applicants in
				writing. The department shall provide financial assistance by purchase orders
				or separate written contracts, as is appropriate or necessary.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XI - Export Assistance For Business And Industry Associations › Part 110 - The Application Process › Section 110.6 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants
				receiving financial assistance shall submit to the department project reports
				in relation to the provision of services contained in their approved proposals
				and applications, including the information set forth below:
(1) a description of the services provided by
				the applicant to its members with the financial assistance;
(2) a description of the degree to which the
				applicant's members engaged in export trade using the services funded by the
				financial assistance;
(3) the
				approximate value of exports generated by the services funded by the financial
				assistance;
(4) a description of
				the degree to which the applicant coordinated its services with services
				provided by other public and private sector entities; and
(5) such other information the department
				deems pertinent to evaluating the effectiveness of the services funded by the
				financial assistance.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Global Export Market Service is to improve
				  the competitive position in international markets of businesses and industries,
				  including agricultural businesses, whose principal place of business is located
				  in New York, by assisting them to commence or increase exporting. The Global
				  Export Market Service shall be administered in conjunction with the Industrial
				  Effectiveness Program, set forth in article 7 of the Economic Development Law.
				  The purpose of these regulations is to set forth the process by which the
				  foregoing businesses and industries, as well as experts, can participate in the
				  Global Export Market Service.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agricultural
				equipment means tangible personal property consisting of machinery or equipment
				used or intended to be used to grow, produce, process or pack agricultural
				products.
(b) Agricultural products
				includes all agricultural, horticultural, floricultural, and vegetable and
				fruit products of the soil, grapes and wines, grains, timber products,
				Christmas trees, livestock and meats, poultry, eggs, dairy products, nuts,
				honey, maple tree sap and maple products produced therefrom, wool, hides, hay,
				straw or articles of food, drink, confectionery or condiment used or intended
				for use by human beings or animals, and all substances or ingredients to be
				added to food for any purpose.
(c)
				Aquatic products means food or fiber products obtained through the process of
				the culture, cultivation or harvest of aquatic plants and animals, including
				mariculture, or by harvest from bodies of water when such products are cultured
				or landed.
(d) Business or industry
				group or association means a not-for-profit corporation or other voluntary
				association or organization formed for agricultural, horticultural, animal
				husbandry, professional, commercial, industrial, trade or service purposes, and
				some of whose members are small and medium sized businesses.
(e) Commissioner means the Commissioner of
				Economic Development.
(f)
				Department means the Department of Economic Development.
(g) Deputy Commissioner means the Deputy
				Commissioner of the International Division of the Department.
(h) Eligible agricultural products means
				agricultural products grown, produced, or primarily processed in New York;
				agricultural equipment primarily produced in New York; or aquatic products
				cultured, cultivated or harvested from the waters in and around New York or
				cultured or landed in New York, which are likely to be in demand in
				international markets.
(i) Eligible
				applicant means:
(1) a small or medium sized
				business having no more than 500 employees, or business or industry group or
				association; or
(2) any commercial
				merchant, dealer, distributor, broker, grower, producer, processor, handler,
				packer, industry group or association or cooperative offering for sale or trade
				eligible agricultural products.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.3 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
In its administration of the service, the department
				  shall:
(a) identify and retain
				consultants with expertise in at least one area related to export development
				or promotion and provide eligible applicants with a list of such
				consultants;
(b) provide export
				diagnostic assessments and export market development plans, either directly or
				by experts retained or supervised by the department, to eligible applicants
				that have requested such assistance directly or upon referral by the
				department's regional offices, the New York State Science and Technology
				Foundation, the New York State Urban Development Corporation, the New York Job
				Development Authority, the Department of Agriculture and Markets, the Port
				Authority of New York and New Jersey, or Federal, State, regional and local
				trade and economic development organizations;
(c) provide information on other
				government-sponsored programs offering technical and financial assistance to
				exporters or potential exporters;
(d) promote awareness of the Service among
				businesses, business or industry organizations, and Federal, State, regional
				and local trade and economic development agencies, with the assistance of
				appropriate State agencies;
(e)
				identify eligible applicants offering for sale or trade eligible agricultural
				products;
(f) undertake activities
				to assist eligible applicants to commence or increase exporting eligible
				agricultural products; and
(g)
				provide information to eligible applicants on other government-sponsored
				programs offering technical and financial assistance to promote exports of
				agricultural products, agricultural equipment or aquatic products.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.4 - Procedures for identifying, selecting and retaining experts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) From time to time, and no less than
				annually, the department shall undertake efforts to identify consultants with
				expertise in at least one area related to export development and promotion.
				Such efforts may include, but shall not be limited to:
(1) advertising in print media;
(2) publishing notices in the New York State
				Contract Reporter; and
(3)
				soliciting in writing individuals, firms, professional associations and
				agencies which provide or have access to special expertise in areas related to
				export development and promotion.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.5 - Project limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except upon
				good cause shown to the commissioner, the department shall not expend greater
				than $5,000 for an export diagnostic assessment for a small or medium sized
				business or greater than $10,000 for an export diagnostic assessment for a
				business or industry group association.
(b) Except upon good cause shown to the
				commissioner, the department shall not expend greater than $25,000 for an
				export market development plan for a small or medium sized business or greater
				than $50,000 for an export market development plan for a business or industry
				group or association.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.6 - Cost sharing

Current through Register Vol. 46, No. 28, July 10, 2024
Any expenditure for an export diagnostic assessment or export
				  market development plan shall be based upon an application approved by the
				  commissioner, and in no case shall the level of contribution by the eligible
				  applicant toward such assistance be less than 50 percent of the total costs of
				  such assistance.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.7 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				applicants shall submit to the department an application to participate in the
				service in such a form and manner as the commissioner shall deem necessary or
				desirable. The application shall elicit such information as is necessary to
				enable the department to make the evaluations required by section
				120.8 of this Part and such other
				information as the commissioner shall deem necessary or desirable.
(b) The department shall notify the applicant
				in writing concerning the disposition of its application. In the event that the
				commissioner approves of the application, in whole or part, the department
				shall enter into such contractual agreements to provide assistance under the
				service as is necessary or desirable to effectuate the commissioner's
				approval.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.8 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall evaluate all applications to participate
				  in the service based upon the eligible applicant's demonstration of the
				  following:
(a) whether the application
				is complete;
(b) the eligibility of
				the applicant;
(c) the degree to
				which the applicant would benefit from participating in the service;
(d) the applicant's commitment to participate
				in the service;
(e) the applicant's
				capability to carry out recommendations resulting from participation in the
				service; and
(f) the likely benefit
				derived from participation in the service to the economy of the region in which
				the applicant is located in relation to the cost to the State of providing the
				assistance.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.9 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Every eligible applicant participating in the service shall
				  provide the department with such reports relating to such participation as the
				  commissioner shall deem to be necessary or desirable.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.10 - Exemption from disclosure requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The information contained in the reports described in section
				  120.9 of this Part shall be exempt
				  from disclosure to the fullest extent permitted under section
				  87
				  (2) of the Public Officers Law and any other
				  applicable law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XII - Global Export Market Service-export Diagnostic And Market Development Program › Part 120 - Administration, Application And Evaluation › Section 120.11 - Job listings

Current through Register Vol. 46, No. 28, July 10, 2024
For any position opened as a result of assistance provided
				  under this service, businesses so assisted shall first consider persons
				  eligible to participate in Federal Job Training Partnership Act ( P.L. 97-300)
				  programs, who shall be referred to the business by administrative entities of
				  service delivery areas created pursuant to such act or by the Job Service
				  Division of the Department of Labor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.1 - Purposes and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of the Export Finance Service are: to promote
				  and increase the provision of export finance in New York by public and private
				  organizations; to assist New York exporters and potential exporters in
				  obtaining export finance from public and private organizations; to develop a
				  directory of export finance programs in New York available from public and
				  private organizations; to provide intermediary services to match New York
				  exporters and potential exporters with export finance available from public and
				  private organizations; to encourage public and private organizations to provide
				  export finance to New York exporters and potential exporters; to identify
				  sources of expertise in the public and private sectors to assist New York
				  exporters and potential exporters in obtaining export finance, and to provide
				  such exporters and potential exporters with a list of such sources of
				  expertise. The purpose of these regulations is to set forth the manner in which
				  these purposes will be achieved.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				means the Commissioner of Economic Development.
(b) Department means the Department of
				Economic Development.
(c) Eligible
				participant means a sole proprietorship, partnership, corporation or other
				business organization which offers for sale goods or services which are likely
				to be in demand in international markets and are substantially produced in New
				York.
(d) Export finance means
				pre-order financing to support market development activities prior to an export
				sale, working capital to support the acquisition of inventory and other
				expenditures to finance the production of goods for export, accounts receivable
				financing to cover the costs between shipping goods and receiving payment from
				an export sale, customer financing to provide medium- and long-term financing
				to foreign buyers, and export insurance to insure sellers and buyers for risks
				associated with export transactions.
(e) Public and private organizations means
				commercial banks, insurance companies, the Small Business Administration, the
				Export-Import Bank of the United States, the New York Job Development
				Authority, the Port Authority of New York and New Jersey, the New York Business
				Development Corporation, other international, Federal, State, regional and
				local economic development organizations and other organizations identified by
				the commissioner as potential providers of export finance.
(f) Service means the Export Finance
				Service.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.3 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
In its administration of the service, the department
				  shall:
(a) identify and assess export
				finance programs being offered in New York by public and private
				organizations;
(b) develop a
				directory of export finance programs being offered in New York by public and
				private organizations;
(c) identify
				and assess sources of expertise in the public and private sectors to assist
				exporters or potential exporters in obtaining export finance;
(d) develop a list of sources of expertise in
				the public and private sectors to assist exporters or potential exporters in
				obtaining export finance;
(e)
				assess and report on the availability of export finance in New York;
(f) provide recommendations concerning
				increasing the provision of export finance in New York by public and private
				organizations;
(g) educate
				exporters and potential exporters on obtaining export finance from public and
				private organizations;
(h) counsel
				exporters and potential exporters, individually or collectively, on obtaining
				export finance from public and private organizations;
(i) provide intermediary services to match
				exporters or potential exporters with export finance being offered by public
				and private organizations; and
(j)
				encourage public and private organizations to provide export finance to
				exporters and potential exporters.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.4 - Requests to receive assistance; evaluation; approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible participants wishing to receive
				counselling on obtaining export finance from public and private organizations
				or intermediary services to match such participant with export finance being
				offered by public and private organizations shall provide the department with
				information on the following matters: the commercial viability of the eligible
				participant, whether it offers for sale or trade goods or services which are
				likely to be in demand in international markets and are substantially produced
				in New York, the eligible participant's knowledge of exporting, the eligible
				participant's commitment to exporting and such other information as the
				commissioner shall deem necessary or desirable. Such information shall be
				provided in such a form and manner as the commissioner shall deem necessary or
				desirable, including, but limited to, by means of an application.
(b) The department shall evaluate all
				requests to receive counselling on obtaining export finance or intermediary
				services in the service based upon the eligible participant's demonstration of
				the following:
(1) the commercial viability
				of the eligible participant;
(2)
				whether it offers for sale or trade goods or services which are likely to be in
				demand in international markets and are substantially produced in New
				York;
(3) the eligible
				participant's knowledge of exporting; and
(4) the eligible participant's commitment to
				exporting.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.5 - Application fees and reimbursable costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall not charge a fee for
				any assistance required by section
				225 of
				the Economic Development Law which is provided under the service. The
				department shall charge a $250 fee for assistance not mandated by section
				225 of
				the Economic Development Law but which is provided under the service,
				including, but not limited to, the performance of credit analyses and the
				written presentation of information to public and private organizations on
				behalf of eligible participants to obtain export finance. The department shall
				charge an additional fee of one-half of one percent of the principal amount of
				any loan or line of credit (less the $250 fee previously paid) in the event
				that its provision of such assistance results in the eligible participant
				obtaining export finance.
(b)
				Eligible participants shall reimburse the department for external expenses
				incurred by the department in the performance of assistance not mandated by
				section
				225 of
				the Economic Development Law but which are provided under the service,
				including, but not limited to, obtaining of credit information concerning the
				eligible participant and travel on behalf of the eligible
				participant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIII - Export Finance Service › Part 130 - Administration › Section 130.6 - Exemption from disclosure requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The information provided by eligible participants pursuant to
				  section 130.4 of this Part shall be exempt
				  from disclosure to the fullest extent permitted under section
				  87
				  (2) of the Public Officers Law and any other
				  applicable law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.1 - Purpose, scope and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The purpose of this Part is to establish standards, criteria, and procedures by
				which State agencies set annual goals for direct and indirect contracting
				opportunities with certified minority-and women-owned business enterprises, and
				the processes by which these master goal plans are submitted, including what
				information needs to be reported, and procedures and consequences for State
				agencies that fail to achieve their goals without a good faith effort to
				maximize contractual opportunities for certified enterprises.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.2 - Annual State agency-specific goals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each State agency shall develop and adopt
				agency-specific goals in accordance with Section
				313
				(1-b) and Section
				313
				(1-c) of the Executive Law, and which are
				consistent with the finding of the disparity study.
(b) Agency-specific goals shall be reflected
				in the State agency's master goal plan and any subsequent updates to the master
				goal plan, as well as for any four-year growth plan, for the inclusion of
				certified:
(1) minority-owned business
				enterprises;
(2) women-owned
				business enterprises; and
(3)
				minority and women-owned business enterprises with justifications for such
				goals.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 141 - State Agency Responsibilities › Section 141.3 - Master goal plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each State
				agency is responsible for and required to have an active master goal plan, or
				an update to the master goal plan as prescribed by the director, and a
				four-year growth plan, as described in section
				141.3(e) of this
				Title, on file with the division.
(b) In the event a State agency is deficient
				with regard to the requirement set forth in subdivision (a) of this section,
				the subject State agency shall take affirmative measures to submit a master
				goal plan to the division within thirty (30) days of receipt of a written
				notice of such a deficiency.
(c)
				Such master goal plan shall include the following:
(1) Agency-specific goals set pursuant to
				section 141.2 of this Part for
				minority-owned business enterprises; women-owned business enterprises; and
				minority-and women-owned business enterprises;
(2) Agency-specific goals expressed as a
				percentage of aggregate agency expenditures, specifically including each of the
				following contracting categories, or in limited circumstances due to
				administrative necessity, other such categories established by the director,
				referenced in or pursuant to the Disparity Study:
(i) construction;
(ii) construction related services;
(iii) non-construction related services;
				and
(iv) commodities;
(3) A description of any
				practices, procedures, strategies or actions, in addition to those referenced
				in these regulations, that may be implemented by the agency to ensure maximum
				feasible participation by certified minority and women-owned business
				enterprises in State contracts;
(4)
				A list of personnel responsible for the implementation of article 15-A of the
				Executive Law, which shall include their title, a description of their
				responsibilities, the percentage of their time allocated to implementation of
				article 15-A of the Executive Law and the State agency organization chart
				showing lines of authority and reporting between listed personnel and senior
				executive staff;
(5) Any other
				applicable appropriation and expenditure which may not be subject to goals, but
				that the State agency deems relevant or necessary to the promotion and
				participation of minority-and women-owned business enterprises in State
				procurement; and
(6) Such other
				information that a State agency deems relevant or necessary to its master goal
				plan.