reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.4 - Notification of intent

Current through Register Vol. 46, No. 28, July 10, 2024
A Federal SBIR Phase I award recipient should submit to the
				  executive director of the foundation written notification of the firm's
				  intention to apply for a Federal SBIR Phase II award and to apply for a State
				  research contract, at least 30 days prior to the completion of the Federal SBIR
				  Phase I research.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.5 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to completing the Federal SBIR Phase I research, a firm
				  may submit to the executive director of the foundation an application for a
				  State research contract, which shall contain the following information:
(a) A copy of the firm's complete Federal
				SBIR Phase I proposal.
(b) A
				detailed description of a product based on the Phase I research that addresses
				a discernable market need and an analysis of the potential to produce, market,
				and service that product;
(c)
				Certification by the firm that:
(1) the firm
				is a corporation, partnership, sole proprietorship or individual, operating a
				business for profit, with 250 employees or less, including employees employed
				in any subsidiary or affiliated corporation, which otherwise meets the
				requirements of the Act;
(2) all
				research to be conducted and supported by the State research contract award
				shall be performed solely in New York State;
(3) no State research contract award shall be
				expended for travel, equipment, or facilities;
(4) not more than one-third of State research
				contract award shall be used to contract for research and other related
				purposes;
(5) the firm's principal
				place of business is and will remain in New York State during the conduct of
				Federal SBIR Phase II research.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.6 - Qualifying criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				qualify for a State research contract, a firm must meet all of the following
				requirements and criteria:
(1) The firm has
				complied with the certification requirements contained in section
				5905.5 of this Part.
(2) The proposed State-supported research
				holds significant potential for resulting in the development of emerging and
				innovative science and technology as evaluated by the foundation and which may
				lead to the commercialization or fabrication of new or improved products or
				processes within New York State. The criteria for evaluating the proposal's
				ability to lead to said commercialization or fabrication will include, but not
				be limited to, the degree to which the proposal demonstrates:
(i) that the use of applied science and
				technological research is likely to lead to the development of an identifiable
				product or process that addresses discernable market need;
(ii) that there is a likelihood that the
				product or process can meet a substantial ongoing market requirement and can be
				commercialized in the near future;
(iii) a credible analysis of the potential to
				produce, market, and service that product or process.
(3) The firm's annual revenues shall not
				exceed $10,000,000.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.7 - Contract selection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Foundation staff shall be responsible for ensuring that proposals are evaluated
				on the basis of the criteria contained in section
				5905.6 of this Part and shall make
				a recommendation to the foundation's executive director as to whether a State
				research contract should be awarded.
(b) After receipt of the foundation staff's
				recommendation, a determination shall be made by the foundation's executive
				director, with approval by the foundation's board.
(c) The foundation shall provide written
				notification to a firm which has submitted an application for a State research
				contract of the approval or disapproval of the application as soon as possible
				after that decision is reached.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.8 - State research contract awards and payments

Current through Register Vol. 46, No. 28, July 10, 2024
The foundation shall make State research contract awards to
				  qualified firms in accordance with the following provisions:
(a) A State research contract shall be
				awarded in an amount equal to the Federal Phase I SBIR award or $50,000,
				whichever is less, provided, however:
(1) In
				the event that the foundation anticipates that the total amount of all
				contracts in any State fiscal year will exceed the amount appropriated to the
				foundation for this purpose, the foundation may determine the appropriate ratio
				of State dollars which shall be matched to Federal dollars and applied equally
				to every State research contract executed by the foundation with the following
				conditions:
(i) the foundation shall reserve
				the right to revise the ratio at any time to ensure that the total amount of
				all contracts shall not exceed the amount appropriated to the foundation for
				this purpose, and to ensure that State research award contracts shall match, in
				amount, a qualified firm's Federal SBIR Phase I research award to the fullest
				extent possible. The foundation shall continually monitor announcements of new
				Federal SBIR Phase I awards and firm performance during Phase I projects to be
				adequately informed of changes in funding requirements and to make necessary
				ratio adjustments; and
(ii) the
				foundation shall reserve the right to limit a qualified firm to one State
				research contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5905 - Small Business Innovation Research Program › Section 5905.9 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Qualified firms shall submit interim and final progress and
				  financial reports to the foundation as further described in this
				  section.
(a) Progress reports shall
				include information on the progress of completed State-supported research in
				accomplishing the technical objectives stated in the firm's original State
				research award contract proposal.
(b) Financial reports shall be delivered in a
				form specified by the foundation, and include information on current period
				expenditures and cumulative expenditures, as compared to total anticipated
				expenditures stated in the firm's original State research award contract
				proposal.
(c) The foundation shall
				protect against the disclosure of proprietary information to the same extent
				provided for in a qualified firm's Federal Phase I agreement with a Federal
				agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5906 - Declaratory Rulings › Section 5906.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures governing declaratory rulings with respect to the applicability to
				  any person, property or state of facts of any rule or statute enforceable by
				  the New York State Science and Technology Foundation, or whether any action
				  taken by it should be taken pursuant to a rule.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5906 - Declaratory Rulings › Section 5906.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term declaratory ruling shall mean a
				decision issued by the foundation which either determines:
(1) the applicability to any person,
				property, or state of facts of any rule enforceable by the foundation;
				or
(2) whether any action should be
				taken by the foundation pursuant to a rule.
Such a declaratory rule shall be binding on the foundation
				  unless it is altered or changed by a court or is changed by the foundation to
				  be effective prospectively. No opinion, letter, announcement or other
				  communication by the foundation shall be deemed to be a declaratory ruling
				  unless it contains a statement that it is a declaratory ruling or it is a
				  ruling issued in response to a petition submitted pursuant to this
				  section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5907 - Prompt Payment Policy › Section 5907.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
This statement is intended to establish rules and regulations
				  as required under section
				  2880 of
				  the Public Authorities Law describing the prompt payment policy of the New York
				  State Science and Technology Foundation (the foundation). Subject to the
				  conditions and exceptions set forth in section
				  2880 of
				  the Public Authorities Law and herein, in the event any proper invoice is not
				  paid promptly the foundation shall be liable for the payment of interest on
				  late payments. This policy shall apply to all contracts entered into on or
				  after April 30, 1988.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5907 - Prompt Payment Policy › Section 5907.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part the following terms shall have
				  the following meanings:
(a) The term
				contract shall mean an enforceable agreement entered into between the
				foundation and a contractor.
(b)
				The term contractor shall mean any person, partnership, private corporation or
				association:
(1) selling materials, equipment
				or supplies or leasing property or equipment to the foundation;
(2) constructing, reconstructing,
				rehabilitating or repairing buildings, highways or other improvements for or on
				behalf of the foundation; or
(3)
				rendering or providing services to the foundation pursuant to a
				contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5907 - Prompt Payment Policy › Section 5907.3 - Responsibility for prompt payment

Current through Register Vol. 46, No. 28, July 10, 2024
The manager of finance and administration shall have the
				  responsibility for the implementation of the prompt payment policy and the
				  prompt payment of all proper invoices.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5907 - Prompt Payment Policy › Section 5907.4 - Prompt payment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				contractor shall request payment under a contract by submitting a proper
				invoice to the foundation at its designated payment office at the time and in
				the manner specified in the contract.
(b) The foundation shall have 15 calendar
				days after receipt of a proper invoice at its designated payment office to
				notify the contractor of certain facts and conditions, including but not
				limited to those listed below, which in the opinion of the foundation, justify
				a delay of the prompt payment:
(1) there is a
				defect in the delivered goods, property or services;
(2) there is a defect in the
				invoice;
(3) there are suspected
				improprieties of any kind;
(4)
				prior to payment a statutory or contractual provision requires an inspection
				period or an audit to determine the resources applied or used by the contractor
				in fulfilling the contract terms;
(5) a proper invoice must be examined by the
				Federal government prior to payment;
(6) the foundation is prevented from making
				payment by reason of the existence of a lien attachment, or other legal
				restriction;
(7) the necessary
				State government appropriation required to authorize payment has yet to be
				enacted; or
(8) the contractor has
				failed to submit a proper invoice or other material in accordance with the
				terms of the contract. Any time taken to satisfy or rectify any of the above
				facts or conditions or any delay in submission of required material shall
				extend the date by which prompt payment must be made by an equal period of
				time.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5907 - Prompt Payment Policy › Section 5907.5 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Payments are not eligible for interest when they are due and
				  owing by the foundation:
(a) under the
				Eminent Domain Procedure Law;
(b)
				as interest allowed on a judgment by a court pursuant to any provision of law
				other than section
				2880 of
				the Public Authorities Law;
(c) to
				the Federal government; to any State agency or its instrumentalities; to any
				duly constituted unit of local government, including but not limited to
				counties, cities, towns, villages, school districts, or any of their related
				instrumentalities; to any other public authority or public benefit corporation;
				or to its employees when acting in, or incidental to, their public employment
				capacity; or
(d) in situations
				where the foundation exercises a legally authorized setoff against all or part
				of the payment due the contractor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations contained in this Part shall apply to all
				  applications to the New York State Science and Technology Foundation for
				  financial assistance under the technology and disabilities
				  program.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term foundation means the New York
				State Science and Technology Foundation, with headquarters at 99 Washington
				Avenue, Albany, NY 12210.
(b) The
				term executive director means the executive director of the
				foundation.
(c) The term board
				means the board of directors of the foundation.
(d) The term applicant means any corporation
				which is the subject of an application for financial assistance under the
				technology and disabilities program.
(e) The term disability means a disability as
				defined by section
				292
				(21) of the Executive Law.
(f) The term T&D program means the
				technology and disabilities program, a program of financial assistance and
				technical assistance to developing and commercializing technologically
				innovative products and services to aid individuals with disabilities, funded
				by the State of New York, administered by the foundation.
(g) The term technology and disabilities
				program committee means the committee designated by the board to review and act
				upon applications for T&D program financial assistance filed with the
				foundation.
(h) The term T&D
				program manager means that member of the foundation staff designated by the
				executive director to oversee the T&D program.
(i) The term application means a company
				business plan and such information and data related to the company as requested
				by the T&D program manager.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.3 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any application
				for financial assistance shall be filed with the T&D program manager of the
				foundation, and shall contain such information and data in addition to that
				supplied in the current business plan, as may be requested by the T&D
				program manager.
(b) The
				application shall contain a full disclosure of information regarding the
				principals of the applicant's business, including relationships with foundation
				officers and employees, if any.
(c)
				The application shall contain a full disclosure of all owners, officers,
				directors, partners or parties in interest of the business venture of the
				applicant, together with the total annual compensation of each, the percentage
				of ownership of each and the personal guarantee or insurance maintained by each
				for the benefit of the applicant, if any.
(d) The application shall contain a statement
				by the applicant of every payment made, or agreed to be made, by the applicant
				to any person or entity in connection with the preparation, filing or
				furtherance of the application. An applicant shall be required to submit proof
				of all facts relating to any such payment or agreement, at or prior to the
				closing of any agreement for financial assistance with the foundation and an
				application shall contain a statement that the applicant has read, understands
				and agrees to the provisions of this subdivision.
(e) The application must be complete, and in
				proper form.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.4 - Principal criteria for financial assistance selection

Current through Register Vol. 46, No. 28, July 10, 2024
An application filed with the foundation shall be evaluated
				  on the basis of the following criteria:
(a) the applicant must have an innovative
				technology orientation;
(b) the
				applicant must demonstrate that a need exists by individuals with disabilities
				for the company's product or service;
(c) the applicant must have a good
				probability of commercial success;
(d) the applicant must have made every effort
				to secure the necessary private capital prior to filing the
				application;
(e) the applicant
				shall be required to provide a match from such other sources and in such
				amounts as is determined by the board after receipt of the recommendation of
				the technology and disabilities program committee; and
(f) the applicant must be able to provide,
				after receiving financial assistance, substantial benefits to the State,
				including substantial primary employment and, where appropriate, utilization of
				training programs, existing industrial spaces, and other
				infrastructure.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.5 - Prohibition of contingent payments

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall execute an affidavit stating that the
				  applicant has not and will not enter into any agreement, expressed or implied,
				  providing for the payment of money or any other consideration for professional
				  or other services in the nature of a brokerage commission or finder's fee which
				  is dependent upon or contingent upon the approval of an award of financial
				  assistance from the foundation. The affidavit provided herein shall be filed
				  with the foundation prior to the closing of any agreement for financial
				  assistance with the foundation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5908 - Applications For Financial Assistance-technology And Disabilities Program › Section 5908.6 - Approval or disapproval of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application, when reviewed and
				accepted by the foundation staff, shall be considered by the technology and
				disabilities program committee, which may either reject the application or
				recommend the approval of the application and transmittal thereof to the board.
				In either case, the T&D program manager shall promptly notify the applicant
				of the technology and disabilities program committee action after it has
				completed its review.
(b) An
				application shall not be deemed to have final approval until it is approved by
				the board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decisionmaking and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) These
				regulations provide information concerning the procedures by which records may
				be obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public
				access to records shall be construed in favor of the widest possible
				availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The New York State Committee on
				Sentencing Guidelines is responsible for insuring compliance with the
				regulations in this Part, and designates the following person as records access
				officer: Executive Assistant to the Executive Director of the Committee,
				Corning Tower, Empire State Plaza, Room 2361, Albany, NY 12223.
(b) Records access officers are responsible
				for insuring appropriate agency response to public requests for records. The
				designation of records access officers shall not be construed to prohibit
				officials who have in the past been authorized to make records or information
				available to the public from continuing to do so. Records access officers shall
				insure that personnel:
(1) maintain an
				up-to-date subject matter list;
(2)
				assist the requester in identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part, and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				6000.8 of this Part; or
(ii) permit the requester to copy these
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the New York State Committee on
				Sentencing Guidelines is not the custodian for such records; or
(ii) the records of which the New York State
				Committee on Sentencing Guidelines is a custodian cannot be found after
				diligent search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at Corning Tower, Empire State Plaza, Room 2361, Albany, NY
				  12223.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted, and
				  records produced, during all hours regularly open for business. These hours are
				  9 a.m. through 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				request reasonably describing the record or records sought within five business
				days of receipt of the request.
(c)
				A request shall reasonably describe the record or records sought. Whenever
				possible, a person requesting records should supply information regarding
				dates, file designations or other information that may help to describe the
				record(s) sought.
(d) If the
				records access officer does not provide or deny access to the record sought
				within five business days of receipt of a request, he or she shall furnish a
				written acknowledgment of receipt of the request and a statement of the
				approximate date when the request will be granted or denied. If access to
				records is neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, the request may be construed as a
				denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list, by subject
				matter, of all records in its possession, whether or not records are available
				pursuant to subdivision 2 of section
				87 of the
				Public Officers Law.
(b) The
				subject matter list shall be sufficiently detailed to permit identification of
				the category of the record sought.
(c) The subject matter list shall be updated
				not less than twice per year. The most recent update shall appear on the first
				page of the subject matter list.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing, stating the reason therefor
				and advising the requester of the right to appeal to the individual or body
				established to hear appeals.
(b) If
				the requested records are not provided promptly, as required in section
				6000.5(d) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following person or persons or body
				shall hear appeals for denial of access to records under the Freedom of
				Information Law: Counsel to the Committee, Corning Tower, Empire State Plaza,
				Room 2361, Albany, NY 12223, (518) 473-1468.
(d) The time for deciding an appeal by the
				individual or body designated to hear appeals shall commence upon receipt of a
				written appeal identifying:
(1) the date of
				the appeal;
(2) the date and
				location of the request for records;
(3) the records to which the requester was
				denied access;
(4) whether the
				denial of access was in writing or due to failure to provide records promptly
				as required by section
				6000.5(d) of this
				Part; and
(5) the name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.8 - 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 pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officer and appeals person or body, and the location where
				  records can be seen or copied, shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVIII - New York State Committee On Sentencing Guidelines › Part 6000 - Public Access To Records › Section 6000.10 - 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 circumstance 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 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.1 - Purpose of fund

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Interest on Lawyer Account Fund is to
				  provide funding for providers of civil legal services in order to ensure
				  effective access to the judicial system for all citizens of the State and to
				  provide stable, economical and high quality delivery of civil legal services to
				  the poor throughout the State. The fund is authorized to receive funds from any
				  source for disbursement to nonprofit legal services providers for charitable
				  purposes, including the delivery of legal services in civil matters to poor
				  persons. The fund will receive interest or dividends earned by qualified client
				  funds held by attorneys in unsegregated interest-bearing or dividend-bearing
				  accounts at banking institutions to the extent that such institutions choose to
				  offer and receive the benefits of providing IOLA accounts, and will utilize the
				  interest or dividends so received for the above-stated
				  purposes.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Banking
				institutions are banks, trust companies, savings banks, savings and loan
				associations, credit unions or foreign banking corporations, whether
				incorporated, chartered, organized or licensed under the laws of this State or
				the United States, provided that such banking institutions have a banking
				office in this State.
(b) Eligible
				bank or eligible banking institution means a banking institution that maintains
				IOLA accounts that comply with section 497 of the New York Judiciary Law,
				section 97-v of the New York State Finance Law and the criteria provided in
				these regulations, and has been approved by the board of trustees to maintain
				IOLA accounts.
(c) Funds received
				in a fiduciary capacity are funds received by an attorney or a law firm from a
				client or third person in the course of the practice of law, including but not
				limited to funds received in an escrow capacity, but not including funds
				received as trustee, executor, administrator, guardian or receiver in
				bankruptcy.
(d) Interest on Lawyer
				Account or IOLA accounts means an unsegregated interest-bearing or
				dividend-bearing account, as approved by the board of trustees of the IOLA
				fund, maintained in an eligible bank for the deposit by an attorney or law firm
				as a fiduciary of qualified funds.
(e) Qualified funds are moneys received by an
				attorney or law firm in a fiduciary capacity from a client or third person and
				which, in the sole discretion and judgment of the attorney or law firm, are too
				small in amount or are reasonably expected to be held for too short a time to
				generate sufficient income to justify the expense of administrating a
				segregated account for the benefit of the client or third person and cannot
				earn income for a client or third person in excess of the cost incurred to
				secure such income. Qualified funds do not include those moneys which are
				deposited for the particular client or client's matter on which the interest
				will be paid to the client or an interest-bearing trust account at a banking
				institution with provision by the bank or by the depositing attorney or law
				firm for computation of interest earned by the client funds and the payment
				thereof to the client.
(f) New York
				Interest on Lawyer Account fund or IOLA fund means the fiduciary fund
				established by subdivision (1) of section 97-v of the New York State Finance
				Law and administered by the IOLA board of trustees.
(g) IOLA board of trustees, board of trustees
				or board means the body of individuals appointed by the Governor pursuant to
				subdivision (2) of section 97-v of the New York State Finance Law that is
				authorized to administer the IOLA fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.3 - Organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The IOLA fund
				shall be administered by a board of trustees appointed by the
				Governor.
(b) The board of trustees
				shall consist of 15 members, at least eight of whom shall be attorneys licensed
				to practice in New York. Two of the appointments, at least one of whom shall be
				an attorney, shall be appointed on the recommendation of the President of the
				Senate; two of the appointments, at least one of whom shall be an attorney,
				shall be appointed on the recommendation of the Speaker of the Assembly; one
				appointment shall be on the recommendation of the Minority Leader of the Senate
				and one on the recommendation of the Minority Leader of the Assembly. Two of
				the appointments, both of whom shall be attorneys, shall be appointed on the
				recommendation of the Court of Appeals. The Governor shall designate one member
				of the board as chair. No member of the Senate or Assembly shall be eligible to
				serve as a member of the board.
(c)
				The term of a trustee shall be three years. Of the trustees first appointed,
				five shall be appointed for terms expiring December 31, 1984; five shall be
				appointed for terms expiring December 31, 1985; and five shall be appointed for
				terms expiring December 31, 1986. As each term expires, each new appointment
				shall be for a term of three years. Vacancies shall be filled in the manner of
				the original appointment for the remainder of the term.
(d) The trustees shall employ an executive
				director to serve as the chief administrative officer of the fund.
(e) The trustees shall serve without
				compensation, but shall be entitled to receive their actual and necessary
				expenses incurred in the discharge of their duties.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.4 - Meetings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The trustees
				shall meet at least quarterly each year at such locations, and in such manner,
				as the chair shall designate. Special meetings may be called by the chair, and
				shall be called by the chair upon the request of at least four trustees. The
				chair shall provide reasonable notice of all meetings.
(b) Eight trustees shall constitute a quorum.
				A majority of the trustees present at any meeting of the board may exercise any
				powers held by the trustees, except as otherwise provided in this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.6 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
A trustee with a past or present affiliation with an
				  applicant (including employee, officer, director, trustee, counsel or business
				  relationship) for distribution of funds shall declare such affiliation to the
				  trustees, and that trustees shall not participate in a vote on any matter
				  relating directly to such applicant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.7 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or after the
				first day of April each year, the trustees shall prepare an annual report of
				the activities and operations of the fund during the preceding year. The report
				shall be transmitted to the Governor, the Legislature, the Court of Appeals and
				the State Comptroller.
(b) The
				trustees may issue periodic reports to the public concerning the activities and
				procedures of the fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.8 - Establishment of IOLA accounts by attorneys and law firms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participation in IOLA is mandatory. Each
				attorney or law firm that receives qualified funds shall establish and maintain
				an IOLA account in an eligible banking institution of the attorney's or law
				firm's choosing. An attorney or law firm which receives qualified funds in the
				course of its practice of law and establishes and maintains an IOLA account
				shall:
(1) designate the account as "(name of
				attorney/law firm IOLA account)" with the approval of the banking institution;
				and
(2) notify the IOLA fund within
				30 days of establishing the IOLA account of the account number and the name and
				address of the eligible banking institution where the account is deposited.
				Such attorney or law firm:
(i) shall have
				discretion, in accordance with the code of professional responsibility, to
				determine whether moneys received by the attorney or law firm in a fiduciary
				capacity from a client or third person shall be deposited in a nonsegregated
				IOLA account;
(ii) shall, if in the
				judgment of the attorney or law firm any moneys received are qualified funds,
				deposit such funds in an IOLA account;
(iii) shall, ordinarily, in determining the
				type of account into which to deposit particular funds held for a client or
				third person, take into consideration the following factors:
(a) the amount of the funds received, the
				interest or dividends the funds would earn during the period they are expected
				to be deposited, the expected duration of the deposit, the rates of interest or
				yield and service charges or fees at a banking institution where the funds may
				be deposited;
(b) the cost of
				establishing and administering non-IOLA accounts for clients or third persons,
				including the cost of the lawyer or law firm's services, and including the cost
				of obtaining tax identification information, the necessity or propriety of
				completing tax reports and forms, and remitting interest to a client;
(c) the capability of the banking
				institution, or attorney or law firm, to calculate and pay interest earned by
				each client's fund, net of any service charges, fees or other applicable costs,
				to the particular clients, including through the use of
				subaccounting;
(d) any other
				circumstances that affect the ability of the funds to earn income for a client
				or third person in excess of the costs incurred to secure such income while the
				funds are held.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.9 - Interest and dividends

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
				considered presumptively eligible for the deposit of IOLA funds, an IOLA
				account shall pay an interest or dividend rate on IOLA accounts which is not
				less than the highest rate available among the following types of accounts, as
				paid by the banking institution to its best customers on accounts maintained at
				that institution which are determined to be similar to its IOLA accounts:
(1) a money market account with or tied to
				check writing capability;
(2) a
				government (such as for municipal deposits) checking account;
(3) an open-end money market fund investment
				offered through the banking institution that is:
(i) tied to check writing capability at the
				institution,
(ii) and which fund is
				solely invested in, or fully collateralized by, U.S. Government securities;
				and
(iii) has total assets of at
				least $250,000,000; or
(4) any other interest- or dividend-paying
				product with or tied to check-writing capability at the institution.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.11 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All records,
				documents or other information identifying an attorney or law firm, client or
				third person of an IOLA account shall be confidential and shall not be
				disclosed by a banking institution except with the consent of the attorney or
				law firm maintaining the account or as required by law, regulation,
				administrative requirement or compulsory legal process.
(b) The board of trustees shall maintain all
				papers, records, documents or other information identifying an attorney or law
				firm, client or third person of an IOLA account on a private and confidential
				basis, and shall not disclose such information unless such disclosure is (1)
				necessary to accomplish the purposes of section
				497 of the
				Judiciary Law and section
				97-v of the
				State Finance Law or (2) made pursuant to compulsory legal process.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.12 - Qualified recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Qualified recipients shall be not-for-profit entities, tax-exempt under section
				501(a) of the Internal
				Revenue Code, or any successor provision, eligible to receive distributions of
				IOLA funds pursuant to one or both of the following categories:
(1) qualified legal services providers which
				shall be an entity which operates within New York State and provides direct
				civil legal services without charge to poor persons within a geographical area
				in New York State; or
(2)
				administration of justice providers which shall be an entity which operates
				within New York State and which:
(i) enhances
				civil legal services to the poor through innovative and cost-effective
				means;
(ii) provides direct civil
				legal services either to groups of clients currently underserved by legal
				services, such as the elderly or the disabled, or in an area of representation,
				whether substantive or geographical, that cannot be or is not effectively
				served by individual qualified legal services providers;
(iii) provides legal, management or
				operational training, or legal, management, support service, or technical
				assistance, or direct legal assistance, informational advocacy or litigation
				support to qualified legal services providers; or
(iv) which otherwise promotes the improvement
				of the administration of justice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.13 - Use of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No IOLA
				funds distributed pursuant to section
				97-v of the
				State Finance Law, section
				497 of the
				Judiciary Law and this Part may be used for any of the following purposes:
(1) the provision of legal services with
				respect to any fee-generating case unless adequate representation is
				unavailable;
(i) for the purposes of this
				subparagraph, fee-generating case shall mean any case or matter which, if
				undertaken on behalf of an eligible client by an attorney in private practice,
				reasonably may be expected to result in a fee for legal services from an award
				to a client, from public funds, or from the opposing party;
(ii) other adequate representation is deemed
				unavailable if any one of the following factors are met:
(a) it has been determined that free referral
				is not possible for any of the following reasons:
(1) the case has been rejected by the local
				lawyer referral service or by two attorneys in private practice who have
				experience in the subject matter of the case;
(2) neither the referral service nor at least
				two attorneys in private practice who have experience in the subject matter of
				the case will consider the case without payment of a consultation
				fee;
(3) the case is of the type
				which attorneys in private practice in the area ordinarily do not accept
				without prepayment of a fee;
(4)
				emergency circumstances compel immediate action before referral can be made,
				but the client is advised that, if appropriate and consistent with the code of
				professional responsibility, referral will be attempted at a later
				time;
(b) recovery of
				damages is not the principal object of the case and a request for damages is
				ancillary to an action for equitable or other nonpecuniary relief, or inclusion
				of a counterclaim requesting damages is necessary for effective defense or
				because of applicable rules governing joinder of counterclaims;
(c) a court has appointed a qualified
				recipient or an attorney employed by a qualified recipient pursuant to a
				statute or a court rule or practice of equal applicability to all attorneys in
				the jurisdiction;
(d) the case
				involves the rights of a claimant under a publicly supported benefit program
				for which entitlement to benefit is based on need.