reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 16 - Field Audit › Section 16.20 - Fidelity bond coverage

Current through Register Vol. 46, No. 28, July 10, 2024
Adequate fidelity bond coverage for fraudulent or dishonest
				  acts of State officers and State employees should be provided for such officers
				  and employees who are accountable for money or property of the State or held by
				  the State in trust for others.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 16 - Field Audit › Section 16.21 - Disposition of papers, records and books of account

Current through Register Vol. 46, No. 28, July 10, 2024
No account papers, records or books of account shall be
				  destroyed or otherwise disposed of except pursuant to law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Section 18.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  following meanings unless otherwise specified:
(a) Agency means a State agency which has
				entered into a contract with a contractor.
(b) Comptroller means the State
				Comptroller.
(c) Contract means an
				enforceable agreement entered into by a contractor and a State agency,
				including but not limited to written contracts and purchase orders, written or
				oral requests for goods or services, including public utility services and
				lease agreements.
(d) Contractor
				means any person, partnership, firm, corporation or association, including
				public utilities and not-for-profit organizations:
(1) selling materials, equipment, or supplies
				or leasing property or equipment to a State agency;
(2) constructing, reconstructing,
				rehabilitating or repairing buildings or highways for, or on behalf of, a State
				agency; or
(3) rendering or
				providing services pursuant to a contract with a State agency.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Interest Eligibility › Section 18.2 - Eligible payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  With the exception of the payments described in subdivision (b) of this
				  section, every payment of State funds requested by a State agency to be paid to
				  a contractor pursuant to a contract is eligible for interest whenever the
				  payment is not made by the required payment date, unless failure to make such
				  payment is the result of a lien, attachment or other legal process against the
				  money due the contractor. However, only interest amounting to $10 or more will
				  be paid.
(b) Payments are not
				  eligible for interest under this Part when they are due and owing by a State
				  agency:
(1) under the Eminent Domain
				  Procedure Law;
(2) as interest
				  allowed on judgments rendered by a court, except to the extend that interest is
				  incurred under this Part prior to the date of the notice of intent to file a
				  claim, the date of a notice of claim, or the date on which a legal action for
				  the payment of such interest is commenced, whichever occurs first;
(3) to the Federal government; to any State
				  agency or its related instrumentalities; to any duly constituted unit of local
				  government, including but not limited to counties, cities, towns, villages,
				  school districts, special districts or any of their related instrumentalities;
				  to any public authority or public benefit corporation; or to employees of State
				  agencies when acting in, or incidental to, their public employment
				  capacity;
(4) to contractors of
				  third-party payment agreements, including but not limited to the fiscal agent
				  or fiscal intermediary designated pursuant to section 367-b  of the Social Services
				  Law;
(5) to entities which receive
				  State funds through any intermediary organization other than a State agency,
				  for example, to entities which receive payments of State funds under a contract
				  with a local government;
(6) in
				  situations where the Comptroller exercises a legally authorized set-off against
				  all or part of the payment due the contractor; and
(7) under a contract entered into on or prior
				  to July 1, 1984 which, as described in section
				  18.24  of
				  this Part, contains interest provisions which will provide for a greater
				  interest payment to the contractor. In any such case it shall be the
				  responsibility of the agency to obtain any invoices, and prepare and submit any
				  vouchers necessary for the payment of such interest.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Interest Calculation › Section 18.3 - Required payment date

Current through Register Vol. 46, No. 28, July 10, 2024
The required payment date shall be 30 calendar days,
					 excluding legal holidays, after the merchandise/invoice receipt ("MIR")
					 date.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Interest Calculation › Section 18.4 - Merchandise/invoice receipt date

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except where adjusted pursuant to sections
				  18.7  -18.14 of
				  this Part, the MIR date shall be:
(1) in the
				  case of final payments on highway construction contracts, 30 calendar days,
				  excluding legal holidays, after the date on which the contract work has been
				  accepted by the Commissioner of Transportation;
(2) in the case of contracts which require
				  that the contractor be paid at predetermined intervals, the 30th calendar day,
				  excluding legal holidays, prior to each payment date specified in the contract,
				  or the date upon which an invoice, if required, is submitted, whichever date is
				  later; or
(3) in all other cases,
				  the date of the receipt of an invoice as defined in section
				  18.1(h) 
				  of this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Interest Calculation › Section 18.5 - Interest eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Interest shall be calculated and paid at the daily rate
					 pursuant to section
					 18.6 
					 of this Part on all interest-eligible payments, as determined in accordance
					 with section
					 18.2  of this
					 Part, when the payment date is more than 30 calendar days, excluding legal
					 holidays, after the MIR date.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Interest Calculation › Section 18.6 - Computation of interest payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Interest under this Part shall be
				  computed at the daily rate in effect on the date the interest is paid, as set
				  by the Commissioner of Taxation and Finance pursuant to subsection (e) of
				  section 1096  of the Tax Law.
(b) Interest payments on amounts due to a
				  contractor pursuant to this Part shall be paid to the contractor for the period
				  beginning on the day after the required payment date and ending on the payment
				  date, and shall be paid within seven calendar days after the payment date
				  except where it is necessary for the Division of the Budget to transfer or
				  interchange appropriations in order for the interest to be paid, in which case
				  interest shall be paid within 14 calendar days of the payment date.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.7 - Comptroller audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The MIR date shall be determined in accordance with subdivision (c) of this
				  section whenever the Comptroller in the course of an audit determines that
				  there is reasonable cause to believe that, as a substantive matter, payment may
				  not properly be due to the contractor, in whole or in part.
(b) Whenever the Comptroller makes the
				  determination set forth in subdivision (a) of this section, the Comptroller
				  shall send the agency notice of such determination, unless the Comptroller
				  suspects illegal or similar activity on the part of the contractor which would
				  make such notice inappropriate, in which event the Comptroller shall make a
				  dated written record of such determination in the Comptroller's files. The
				  notice shall include a request for all information and material which the
				  Comptroller deems necessary to determine whether or not payment is properly
				  due. Promptly upon completion of an audit, the Comptroller shall notify the
				  agency of the results of such audit unless the Comptroller suspects illegal
				  activity, in which event the Comptroller shall make a dated written record of
				  such audit conclusions for the Comptroller's file.
(c) Period of adjustment. Where, after an
				  audit pursuant to subdivision (a) of this section, the Comptroller determines
				  that all or a portion of the amount claimed by the contractor is, in fact, due,
				  the MIR date of the invoice shall be the original MIR date increased by a
				  number of days equal to the number of days from the date that the Comptroller
				  sends the agency the notice required by subdivision (b) of this section, or in
				  the case of suspected fraud, from the date the Comptroller enters the written
				  determination required by subdivision (b) in the Comptroller's files, to the
				  date that the Comptroller sends notice to the agency of the resolution of the
				  matter.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.8 - Inspection or audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The MIR date shall be adjusted in accordance with subdivision (b) or (c) of
				  this section whenever, in accordance with specific statutory or contractual
				  provisions, payment must be preceded by an inspection period or by an audit to
				  determine the resources applied or used by a contractor in fulfilling the terms
				  of the contract. For the purpose of this section, the term audit shall not
				  apply to the routine review or comparison of invoices, purchase orders,
				  receiving reports and other standard documentation.
(b) Except as provided in subdivision (c) of
				  this section, where a contract provides for an inspection or audit period, the
				  MIR date shall be the original MIR date increased by the lesser of:
(1) the number of days provided for the
				  inspection or audit; or
(2) the
				  number of days actually utilized for the inspection or audit; provided,
				  however, that where the audit or inspection period began prior to the date of
				  receipt of an invoice, the MIR date shall be the date that the required
				  inspection or audit has been completed, or the date that the statutory or
				  contractual inspection or audit period ends, whichever date is earlier, but in
				  no event shall the MIR date be earlier than the date of the receipt of an
				  invoice as defined in section
				  18.1(h) 
				  of this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.9 - Lack of appropriations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The MIR date shall be determined in
				  accordance with subdivision (b) of this section whenever the necessary State
				  government appropriation required to authorize payment has yet to be
				  enacted.
(b)
(1) Except in the situations covered by
				  paragraph (2) of this subdivision, the MIR date shall be the effective date of
				  the required appropriation.
(2)
				  Where the MIR date would otherwise be determined in accordance with section
				  18.4(a)(2) 
				  of this Part and the appropriation to authorize payment is not in effect on the
				  payment date specified in the contract, the MIR date shall be the MIR date
				  determined in accordance with section
				  18.4(a)(2) 
				  of this Part increased by the number of days between the payment date specified
				  in the contract and the date the appropriation is effective.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.11 - Federal government review of invoice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The MIR date shall be determined in
				  accordance with subdivision (b) of this section whenever a proper invoice must
				  be examined by the Federal government prior to payment.
(b) The MIR date shall be the original MIR
				  date increased by a number of days equal to the number of days between the date
				  that the agency transmits the invoice to the Federal government for examination
				  and the date that the agency receives the invoice from the Federal
				  government.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.12 - Noncompliance with contract

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The MIR date shall be determined in
				  accordance with subdivision (c) of this section whenever the goods or property
				  have not been delivered or the services have not been rendered by the
				  contractor in compliance with the terms or conditions of the
				  contract.
(b) The agency shall
				  notify the contractor in what respect the delivered goods or the rendered
				  services are not in compliance with the contract. The notice shall further
				  inform the contractor of what action the agency requires by the contractor in
				  order to rectify the areas of noncompliance.
(c) The MIR date shall be the original MIR
				  date increased by a number of days equal to the number of days between the date
				  that the agency sends a written notice to the contractor that the delivered
				  goods or the rendered services are not in compliance with the contract and the
				  date that the agency sends a written notice to the contractor that the areas of
				  noncompliance have been resolved.
(d) This section shall not apply in any case
				  where the provisions of section
				  18.14  of this
				  Part apply.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.13 - Highway construction contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The MIR date shall be adjusted whenever,
				  in the case of final payments on highway construction contracts, the
				  Commissioner of Transportation determines that the contractor has failed to
				  properly submit the necessary documents and other submissions prescribed by the
				  contract specifications and requirements, by the provisions of subdivision 8 of
				  section 38  of the Highway Law, and all other
				  applicable State and Federal laws in order to enable the Department of
				  Transportation to process the final payment properly and
				  expeditiously.
(b) The Commissioner
				  of Transportation shall send written notice to the contractor of his failure to
				  submit the necessary documents and material. The notice shall indicate all
				  documents and other submissions required by the agency.
(c) The MIR date shall be the original MIR
				  date increased by a number of days equal to the number of days between the date
				  that the Commissioner of Transportation sends written notice to the contractor
				  of his failure to submit the necessary documents and material and the date that
				  the agency receives the necessary documents and submissions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Adjustments to Merchandise/Invoice Receipt Date › Section 18.14 - Notice of defects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each State agency shall have 15 calendar days after receipt of an invoice by
				  the State agency at its designated payment office, or in the case of an
				  invoice received from a small business, 7 calendar days, to notify the
				  contractor of (1) defects in the delivered goods, property or services, (2)
				  defects in the invoice, or (3) suspected improprieties of any kind.
(b) Except as provided in subdivision (c) of
				  this section, when a State agency notifies a contractor of such defects or
				  suspected improprieties, and the contractor thereafter submits a corrected
				  invoice or delivers corrected goods or services, the MIR date shall be the date
				  upon which the corrected invoice or corrected goods or services are received by
				  the agency. If a corrected invoice or corrected goods or services are not
				  required, the MIR date shall be the date upon which the agency determines that
				  the suspected improprieties have been resolved.
(c) If a State agency fails to notify a
				  contractor of such defects or suspected improprieties within 15 calendar days, or 7 calendar days if such contractor is a small business, of receipt of an
				  invoice, the MIR date, as determined by subdivision (b) of this section, shall
				  be adjusted to an earlier date, by a number of days equal to the number of days
				  in excess of 15, or 7 if payment is for a small business, that the State
				  agency took after receipt of an invoice to notify the contractor of the defects
				  or suspected improprieties.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Allocation of Interest › Section 18.15 - Approvable voucher

Current through Register Vol. 46, No. 28, July 10, 2024
An approvable voucher is a voucher submitted by an agency
					 in such form and supported by such substantiating documentation as the
					 Comptroller may reasonably require.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Allocation of Interest › Section 18.16 - Receipt of an approvable voucher

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise directed in the
				  Comptroller's Guide to Financial Operations (GFO), vouchers requiring the
				  Comptroller's approval shall be transmitted electronically to the Comptroller's
				  office through the Statewide Financial System (SFS) except where an offsite
				  location has been authorized by the Comptroller to review such vouchers in
				  which case the vouchers may be delivered to such location. The date of OSC
				  receipt of an approvable voucher is the first business day after agency
				  submission of an approvable voucher in SFS.
(b) In any case where, after receipt of an
				  approvable voucher, an MIR date is adjusted pursuant to sections
				  18.7  -18.14 of
				  this Part, the date of receipt of an approvable voucher shall be increased by a
				  number of days equal to the adjustment provided by sections
				  18.7  -18.14 of
				  this Part
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Allocation of Interest › Section 18.17 - Unapprovable vouchers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  In any case where the Comptroller determines that a voucher delivered to the
				  Comptroller's offices is not an approvable voucher because of a defect in the
				  invoice or the voucher submitted by the agency, the Comptroller shall either:
(1) reject the voucher and return it to the
				  agency; or
(2) make the appropriate
				  adjustment to the voucher.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Allocation of Interest › Section 18.18 - Allocation of interest

Current through Register Vol. 46, No. 28, July 10, 2024
Except where the provisions of Federal law or the
					 provisions of section 179-o  of the State Finance Law require
					 otherwise, any interest payments required by this Part shall be paid from the
					 same appropriation as that from which the related proper invoice is paid,
					 except to the extent that the obligation to make a payment is incurred in whole
					 or in part as the result of the failure of the Office of the State Comptroller
					 to process an approvable voucher within eight days, excluding legal holidays,
					 of the date of receipt of such voucher, in which case interest shall be charged
					 to an appropriation to the Office of the State Comptroller at the appropriate
					 daily interest rate for each day in excess of eight days, excluding legal
					 holidays, which it took the Comptroller to pay the approvable
					 voucher.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Miscellaneous › Section 18.20 - Designated payment office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each agency shall record on every invoice
				  the date received at the designated payment office. Each agency shall identify
				  the designated payment office to which a proper invoice is to be submitted by a
				  contractor. If the contract does not contain the mailing address of a
				  designated payment office, and the agency has not otherwise notified the
				  contractor of this address, the designated payment office shall be deemed to be
				  any office of the agency to which the contractor reasonably sends a proper
				  invoice.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Miscellaneous › Section 18.21 - Inspection or audit period

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a written contract entered into on or after July
					 1, 1984 provides that payment must be preceded by an inspection period or by an
					 audit to determine resources applied or used by the contractor, the contract
					 shall set forth the maximum period within which the inspection or audit shall
					 be completed or conducted.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Miscellaneous › Section 18.22 - Notice of objection

Current through Register Vol. 46, No. 28, July 10, 2024
When a State agency sends a contractor a written notice
					 under any provision of this Part, or takes any other action under this Part,
					 such contractor may send a written notice to the State agency objecting to the
					 actions taken by the agency. The notice shall be signed and dated, and set
					 forth concisely and clearly the basis of the objection. Nothing herein shall be
					 deemed to affect any judicial remedy which a contractor may
					 have.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Miscellaneous › Section 18.23 - Unenforceable agreement

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that a written agreement entered into between
					 a State agency and a contractor on or after July 1, 1984 is not a valid
					 contract until it has been approved by the Comptroller, the agreement shall
					 contain a provision stating that the agreement is subject to the approval of
					 the Comptroller and that until such approval is given, the 30-day period,
					 excluding legal holidays, for the payment of invoices without interest shall
					 not begin.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 18 - Prompt Payment Processing › Miscellaneous › Section 18.24 - Inconsistent provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of article XI-A of the State Finance Law and
					 of these rules shall apply to all proper invoices received by the State on or
					 after July 1, 1984, including invoices submitted under written contracts
					 entered into on or prior to July 1, 1984 which contain inconsistent interest
					 provisions, except where the interest provisions of such contract entered into
					 on or prior to July 1, 1984 will provide a greater interest payment to the
					 contractor, in which case the provisions of the contract shall govern. No
					 contract entered into after July 1, 1984 shall contain any provision requiring
					 the payment of interest in a manner inconsistent with article XI-A of the State
					 Finance Law or these rules, including any provision requiring the payment of a
					 greater amount of interest, and any such provision included in a contract shall
					 be null and void.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.1 - General explanation

Current through Register Vol. 46, No. 28, July 10, 2024
This Part provides a uniform method and guidelines for
				  processing and paying small claims against the State for damages to personal
				  property or real property of State employees and those other than State
				  employees and for personal injuries of those other than State employees,
				  without formal legal action in the Court of Claims. In the event the claim
				  against the State cannot be satisfied, the claimant must proceed in accordance
				  with the Court of Claims Act.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.2 - Eligible claims

Current through Register Vol. 46, No. 28, July 10, 2024
Claims eligible for payment pursuant to this Part are those
				  for damages resulting from tort and nontort causes of action more particularly
				  described in subdivisions 12, 12-a, 12-b, 12-c, 12-d, 12-e and 12-f of section 8  of the State Finance Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.3 - Procedure for submitting claims

Current through Register Vol. 46, No. 28, July 10, 2024
The following steps must be taken to complete a claim.
(a) All claims must be submitted to the
				finance officer of the appropriate agency on a Standard Voucher (AC
				92).
(b) The voucher must describe
				the circumstances which resulted in the claim including the names of any
				witnesses and the value of the damaged property. Claims for damages to personal
				property must be based on the reasonable value of the personal property
				involved at the time the damages occurred. The criteria to determine reasonable
				value include initial cost, age and condition of the property at the time the
				damage occurred. The voucher must also contain a release statement signed by
				the claimant which releases the State of New York from any future claims for
				the incident.
(c) The finance
				officer or other officer duly designated in accordance with agency policy must
				approve the claim.
(d) After the
				approval, claims that require the Attorney General's approval must be forwarded
				to the Attorney General's Office. If the Attorney General's approval is not
				required, proceed in accordance with subdivision (f) of this section.
(e) The Attorney General's Office will
				approve or disapprove the claim and return it to the agency.
(f) Approved claims with documentation
				attached to the voucher must be processed according to the standard procedures
				as described in the State Comptroller's "User Procedure Manual", Volume III,
				Encumbrances and Expenditures, Section 7.1100.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.4 - Claims in excess of statutory dollar limits

Current through Register Vol. 46, No. 28, July 10, 2024
Claims in excess of the statutory dollar limits must be
				  submitted to the Court of Claims.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.5 - Disapproved claims

Current through Register Vol. 46, No. 28, July 10, 2024
Each agency may at its own discretion, adopt an appeals
				  process to handle situations where the finance officer or other designated
				  officer disapproves a claim, or where the claimant is not satisfied with the
				  amount approved on the claim. In the event a disapproved claim is subsequently
				  approved after an appeals proceeding, the steps set forth in section
				  19.3 
				  of this Part for an approved claim shall be followed.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 19 - Special Payments - Claims For Damages › Section 19.6 - Petty cash

Current through Register Vol. 46, No. 28, July 10, 2024
Limited payment of claims from petty cash must have the same
				  supporting documentation as for vouchered payments. Reimbursement of the petty
				  cash account is done in accordance with normal petty cash
				  procedures.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.1 - Notification of retention of private counsel

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever, pursuant to Public Officers Law, section
				  17(2)(b), an employee is
				  entitled to representation by private counsel of his or her choice, private
				  counsel retained to represent the employee in a civil action or proceeding in
				  State or Federal court shall, upon such retention or as soon thereafter as
				  possible, notify the State Comptroller in writing of such retention.
				  Notification of retention must be accompanied by a copy of the certification by
				  the Attorney General that the State employee is entitled to representation by
				  private counsel.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.2 - Notification of procedures to be followed by private counsel

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notification of retention, the State
				  Comptroller shall transmit to retained private counsel a copy of this
				  regulation and a sample payment voucher in the form prescribed by the State
				  Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.3 - Fee schedule

Current through Register Vol. 46, No. 28, July 10, 2024
The State Comptroller shall maintain a schedule of counsel
				  fees, which shall designate fees for the services of partners, senior
				  associates, junior associates and paralegal personnel. A copy of this schedule
				  shall be transmitted to retained private counsel at the same time as the
				  documents transmitted pursuant to section
				  20.2 
				  of this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.4 - Authorization of higher counsel fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon written request by private counsel,
				the State Comptroller, in his discretion, may authorize the payment, in
				appropriate circumstances, of fees for services in a particular case in amounts
				higher than those set forth in the fee schedule. A request for higher fees must
				set forth the circumstances justifying the request and shall include a list of
				the partners, associates and paralegals assigned to provide the services,
				together with their normal rates. In determining the appropriateness of
				authorizing higher fees, the State Comptroller shall consider, but not be
				limited to, the following factors:
(1) the
				prevailing fees for similar services in the area in which the case is to be
				heard;
(2) the experience of
				private counsel, both generally and in cases of the type under
				consideration;
(3) the difficulty
				of the case under consideration (e.g.,scientific or technical evidence,
				availability of witnesses).
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.5 - Fees and disbursements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Comptroller shall reimburse
				retained private counsel for fees reasonably incurred and properly submitted
				and documented as required by these regulations.
(b) The State Comptroller shall also
				reimburse private counsel for reasonable disbursements actually incurred in
				connection with the representation of the employee. Counsel must notify the
				State Comptroller of substantial disbursements, such as expert fees and travel
				expenses, in advance of their being incurred so that they may be reviewed and
				evaluated by the State Comptroller. Failure to provide adequate advance notice
				of substantial disbursements may be the basis for denial of reimbursement.
				Reimbursement for travel and related expenses shall be in accordance with
				travel and related expense reimbursement rates currently in effect for
				management and confidential employees of the State, a schedule of which shall
				be delivered to private counsel.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 20 - Payment Of Private Counsel Fees For Representation Of A State Employee Pursuant To Section 17 Of The Public Officers Law › Section 20.6 - Submission of vouchers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All vouchers must be submitted for payment at least monthly unless no charges
				or disbursements were incurred during the preceding month.
(b) All vouchers submitted for payment must
				be accompanied by a statement which:
(1)
				describes in detail the services rendered (statements such as "court
				appearance" or "legal research" are not acceptable);
(2) itemizes the number of hours billed for
				such services; and
(3) sets forth
				the applicable rate chargeable for each of the services itemized in such
				statement.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement the provisions of
				  article XI-B of the State Finance Law as added by chapter 166 of the Laws of
				  1991 and as amended by chapter 648 of the Laws of 1992 and chapter 292 of the
				  Laws of 2007.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
All terms shall have the meaning prescribed to them pursuant
				  to section 179-q  of the State Finance Law unless
				  otherwise provided for in this Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.3 - Agency notification with respect to renewal contracts

Current through Register Vol. 46, No. 28, July 10, 2024
A State agency administering a contract subject to this Part,
				  shall, as required by section 179-t  of the State Finance Law, provide
				  written notice by mail (including the use of electronic mail) to the
				  not-for-profit organization of its preliminary determination whether or not to
				  renew the contract. Such notification must be provided no later than 90 days
				  prior to the end of the contract or 30 days after an appropriation providing
				  funding for continued payments shall become law, whichever is later. Where a
				  State agency fails to provide such notice by the required date, the existing
				  contract shall be deemed to be extended until 90 days after the date the State
				  agency provides the not-for-profit organization with the required notice. The
				  not-for-profit organization shall be entitled to payment consistent with the
				  terms of the existing contract and may submit invoices or vouchers to the State
				  agency on billing cycles consistent with those applicable to the existing
				  contract. The State agency shall then submit the necessary documentation to the
				  comptroller in order for payment to be processed. The not-for-profit
				  organization shall be entitled to interest under article IX-A of the State
				  Finance Law to the extent that payment is not timely made as provided in such
				  article IX-A, which relates to the prompt payment of
				  contracts.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.4 - Comptroller's determination whether unusual circumstances warrant denial of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If a State agency believes that it is unable to comply with the timeframes
				established by section 179-t  of the State Finance Law due to
				unusual circumstances beyond its control, and that such unusual circumstances
				warrant the denial of interest, in whole or in part, to the not-for-profit
				organization, the State agency shall so advise the comptroller, the Division of
				the Budget and the not-for-profit organization and shall provide the basis for
				such assertion in writing on or before 90 days prior to the end of the contract
				or 30 days after an appropriation providing funding for continued payments
				shall become law, whichever is later.
(b) Unusual circumstances does not mean a
				State agency's:
(1) failure to plan for
				implementation of a program;
(2)
				failure to assign sufficient staff resources to implement a program;
(3) failure to establish a schedule for the
				implementation of a program; or
(4)
				failure to anticipate any other reasonably foreseeable circumstance;
				or
(5) routine contract
				negotiations.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.5 - Written directives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Upon receipt of a written directive (by
				mail or electronic mail) a not-for-profit organization may begin to provide the
				services required by a State agency on the date provided by such written
				directive. A written directive means a written request by a State agency to a
				not-for-profit organization authorizing such organization either to begin
				providing services during the negotiation of a contract or to continue
				providing services during the negotiation of a renewal contract. For purposes
				of this section, a State agency shall be deemed to have issued a written
				directive where:
(i) with respect to a renewal
				contract it has provided notice to the not-for-profit organization of its
				intent to renew the contract which shall include the transmission of a proposed
				renewal agreement to the not-for-profit organization; or
(ii) with respect to new contracts, it has
				provided the not-for-profit organization with a proposed contract containing a
				start date, in which case such start date shall be deemed the date of the
				written directive.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.6 - Advance payments for renewal contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a State agency administering a
				contract has advised a not-for-profit organization of the State agency's
				intention to renew the contract, the State agency may authorize an advance
				payment to the not-for profit organization pursuant to this section pending
				execution of the renewal contract, if such contract is not fully executed by
				the commencement date of the renewal contract.
(b) Existing or renewal contracts that do not
				contain an optional financing or fifth quarter financing provision shall be
				eligible for an advance payment providing such organization receives a written
				directive from a State agency.
(c)
				An advance payment under this section shall not exceed one quarter of the
				amount paid or to be paid to the not-for-profit organization pursuant to the
				existing contract.
(d) Any advance
				payment shall offset the amount of money due to the organization for services
				provided during the period for which payment was made.
(e) Any State agency that wishes to provide
				an advance payment pursuant to this section shall submit to the comptroller a
				written directive, a voucher and such other documents as may be required by the
				comptroller. The comptroller shall review such written directive and either
				approve or disapprove such written directive. Such written directive shall
				include language indicating that if the agency subsequently determines pursuant
				to section 179-w  of the State Finance Law that
				substantive and significant differences exist between the State agency and the
				not-for-profit organization in the negotiation of the contract or that the
				not-for-profit organization is not negotiating the renewal contract in good
				faith, the written directive shall be deemed suspended and the not-for-profit
				organization shall not be eligible for subsequent advance payments
				thereunder.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations › Section 22.7 - Interest payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A not-for-profit organization that
				provides services to a State agency pursuant to a written directive prior to
				the date that the contract for such services has been fully executed, shall,
				once such contract has been approved and become fully executed, be entitled to
				interest in accordance with, and to the extent authorized by, this section on
				those moneys that would be due under the terms of a contract or a renewal
				contract prior to the date on which the contract became fully
				executed.
(2) For purposes of this
				section, a State agency shall be deemed to have issued a written directive
				where:
(i) with respect to a renewal contract
				it has provided notice to the not-for-profit organization of its intent to
				renew the contract which shall include the transmission of a proposed renewal
				agreement to the not-for-profit organization; or
(ii) with respect to new contracts, it has
				provided the not-for-profit organization with a proposed contract containing a
				start date, in which case such start date shall be deemed the date of the
				written directive.