reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.10 - The hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No hearing
				officer shall preside who has any bias with respect to any matter involved in
				the hearing. No hearing officer shall communicate, directly or indirectly, in
				connection with any issue that relates in any way to the merits of a hearing
				pending before the hearing officer with any person except upon notice and
				opportunity for all parties to participate. A hearing officer may consult on
				questions of law with supervisors or agency attorneys, provided that such
				supervisors, or attorneys have not been engaged in investigative or prosecuting
				functions in connection with the hearing under consideration or a factually
				related hearing. A hearing officer may also consult with supervisors, support
				staff or court reporters on ministerial matters such as scheduling or the
				location of a hearing. Any party may file in good faith with the Department of
				Economic Development a request, together with a supporting affidavit, that a
				hearing officer be removed on the basis of personal bias or other good
				cause.
(b) The hearing officer
				shall conduct the hearing in a fair and impartial manner.
(c) The hearing officer shall have the power
				to:
(1) rule upon requests, including, but not
				limited to, all requests for adjournments;
(2) set the time and place of the
				hearing;
(3) administer oaths and
				affirmations;
(4) issue subpoenas
				requiring the attendance and testimony of witnesses and the production of
				books, records, contracts, papers and other evidence;
(5) summon and examine witnesses, including,
				but not limited to, the authority to direct a party, without necessity of
				subpoena, to appear and to testify;
(6) admit or exclude evidence;
(7) limit the number of times any witness may
				testify, repetitious examination or cross- examination, and the amount of
				corroborative or cumulative testimony;
(8) hear argument on facts or law;
(9) order the parties to appear for a
				prehearing conference to consider matters which may simplify the issues or
				expedite the proceeding;
(10) order
				that opening statements be made; and
(11) do all acts and take all measures
				necessary, but not otherwise prohibited by this Part, for the maintenance of
				order and the efficient conduct of the hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.11 - Stipulation and consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
				any time prior to issuance of the final order or determination, parties may
				enter into a stipulation for the resolution of any or all issues.
(b) The administrative tribunal may jointly
				issue a consent order upon agreement or stipulation of the parties. A consent
				order shall have the same force and effect as an order issued after a
				hearing.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.12 - The hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appearances.
(1) A party may appear in person or by an
				attorney. If a party appears by an attorney, service of papers shall be made
				upon the attorney.
(2) Any person
				appearing on behalf of a party in a representative capacity may be required to
				demonstrate authority to act in such capacity.
(3) If a party fails to appear at the
				hearing, issues on which the absent party has the burden of proof may be
				resolved against that party.
(4) At
				any time before a report is submitted to the administrative tribunal, the
				hearing officer may open a default or relieve any part of the consequences of
				any default upon good cause shown.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.13 - Hearing officer's report

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of the close of the record, including receipt
				  of the transcript, the hearing officer shall prepare a report and submit it to
				  the Commissioner of Economic Development and to all parties.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.14 - Final determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After receipt of the hearing officer's
				report, the Commissioner of Economic Development shall make a final
				determination.
(b) The final
				determination shall be embodied in a written order which shall contain findings
				of fact and conclusions of law or reasons for the final determination. If the
				Commissioner of Economic Development issues a decision that includes findings
				of fact or conclusions of law that conflict with the findings or conclusions of
				the hearing officer, it shall set forth in writing the reasons
				therefor.
(c) A copy of the order
				shall be served upon the parties by the counsel to the Commissioner of Economic
				Development.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 13 - Procedures For Appealing A Denial Of Certification Pursuant To Sections 11.5 And 11.8 Of This Title And Revocation Of Certification Pursuant To Sections › Section 13.15 - Waiver of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Any of the foregoing rules may be waived by agreement of the
				  parties or, if a hearing has convened, by agreement of the parties and with
				  consent of the hearing officer.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 14 - Procedures For Appealing A Revocation Of Certification Pursuant To Section 11.9(c) Of This Title › Section 14.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all appeals of revocations of
				  certification pursuant to section
				  11.9(c) of this
				  Title.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 14 - Procedures For Appealing A Revocation Of Certification Pursuant To Section 11.9(c) Of This Title › Section 14.2 - Notice of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A business
				enterprise that received a notice of revocation of certification in accordance
				with section
				11.9(c) of this
				Title may send a written notice to the Empire Zone Designation Board appealing
				the revocation of certification by no later than 15 business days from the date
				of the notice of revocation of certification. Failure by a business enterprise
				to appeal the commissioner's revocation of certification within the
				aforementioned 15 business day period will be deemed a waiver of the business
				enterprise's right to an appeal.
(b) Provided that the business enterprise
				sends a notice of appeal within the 15 business day period referred to in
				subdivision (a) of this section to the address set forth in subdivision (c) of
				this section, the business enterprise may send a written submission to the
				Empire Zone Designation Board no later than 60 days following the date of the
				notice of revocation of certification explaining why its certification should
				be continued. This written submission must contain specific factual information
				(along with documentation establishing that information) and all legal
				arguments that demonstrate that the commissioner's finding, with respect to
				section 11.9(c)(2) of this
				Title, was in error, or that, with respect to section
				11.9(c)(1) of this
				Title, any extraordinary circumstances occurred which would justify the
				continued certification of the business enterprise.
(c) All notice of appeals and written
				submissions to the Empire Zone Designation Board as described in subdivision
				(b) of this section shall be sent care of the commissioner at the following
				address.
Commissioner of Economic Development
New York State Department of Economic Development
30 South Pearl Street
Albany, New York 12245
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 14 - Procedures For Appealing A Revocation Of Certification Pursuant To Section 11.9(c) Of This Title › Section 14.3 - Authority of empire zone designation board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Empire Zone Designation Board shall
				evaluate the merits of the appeal. The Empire Zone Designation Board shall
				consider the notice of appeal provided by the business enterprise, but shall
				only reserve the determination to revoke the business enterprise's
				certification if the Empire Zone Designation Board unanimously finds that there
				was sufficient evidence presented demonstrating that the commissioner's
				finding, with respect to section
				11.9(c)(2) of this
				Title was in error, or that, with respect to section
				11.9(c)(1) of this
				Title, any extraordinary circumstances occurred which would justify the
				continued certification of the business enterprise.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 14 - Procedures For Appealing A Revocation Of Certification Pursuant To Section 11.9(c) Of This Title › Section 14.4 - Appeal decision

Current through Register Vol. 46, No. 28, July 10, 2024
The Empire Zone Designation Board will issue a decision and
				  serve a copy on the business enterprise or its
				  representative.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the establishment of a zone capital corporation, the
				  commissioner must approve of: its formation; board of directors and management;
				  and procedures for making, servicing and monitoring investments. The purpose of
				  these regulations is to set forth the requirements and procedures for obtaining
				  such approval, as well as operating and reporting
				  requirements.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.2 - Establishment and purpose of a zone capital corporation

Current through Register Vol. 46, No. 28, July 10, 2024
No more than three empire zone capital corporations may be
				  established in each zone for the purpose of raising funds through private and
				  public grants, donations and investments, to be used in making investments in
				  and loans to certified zone businesses for the purpose of encouraging the
				  establishment or expansion of businesses and the creation of new jobs within
				  the zone. A zone capital corporation may serve one or more zones within an
				  economic development region, established pursuant to article 11 of the Economic
				  Development Law, or zones within two or more of such regions.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.3 - Loans and investments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
				a zone located within one or more municipalities with a total population of
				more than 25,000, an empire zone capital corporation must accumulate at least
				$200,000 in capital stock before any investment in or loan to any business may
				be made. Within a zone located within one or more municipalities with a total
				population of 25,000 or less, a zone capital corporation must accumulate at
				least $100,000 in capital stock before any business loan or investment may be
				made.
(b) In no event may an empire
				zone capital corporation acquire an ownership interest in any zone certified
				business amounting to over 25 percent of the ownership interest of such
				business.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.4 - Operating procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				zone capital corporation must establish an investment committee for the purpose
				of evaluating applications for loans and equity investments. Such committee
				must include members with the business and financial expertise necessary to
				evaluate applications for loans and/or equity investments.
(b) To the maximum extent feasible, each
				empire zone capital corporation must undertake measures and procedures to
				ensure meaningful participation by minority and women-owned businesses, as well
				as locally owned business enterprises in the activities and investments of the
				corporation.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.5 - Application; approval process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Application for formation of an empire zone capital corporation; its board of
				directors and management; and procedures for making, servicing and monitoring
				its investments, shall be made on a form prescribed by the commissioner which
				shall include, but not be limited to:
(1)
				identification of applicant;
(2)
				narrative description of the geographic area the proposed zone capital
				corporation includes;
(3) names and
				resumes of proposed zone capital corporation board of directors, management,
				and investment committee;
(4)
				proposed articles of incorporation and proposed bylaws for the zone capital
				corporation;
(5) proposed zone
				capital corporation management plan; and
(6) description of proposed investment
				procedures, including:
(i) procedures for
				originating and servicing investments and loans;
(ii) procedures for ensuring meaningful
				participation by women and minority owned businesses and locally owned
				businesses; and
(iii) underwriting
				criteria.
An Opinion of Counsel must accompany any information supplied
				  by a proposed zone capital corporation regarding procedures for originating and
				  servicing investments and loans and §
												13.3 underwriting criteria. An
				  affirmation of facts must accompany any information supplied in an application
				  for purposes of securing the approvals referenced in subdivision (b) of this
				  section.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 15 - Zone Capital Corporations › Section 15.6 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A zone capital corporation shall submit to the local empire
				  zone administrative board an annual report on its activities, which shall
				  include but not be limited to:
(a)
				annual year end financial statements, audited by a certified public accountant,
				itemizing any and all loans and/or investments and indicating the purpose of
				such loans and/or investments;
(b)
				certification by a certified public accountant that the zone capital
				corporation did not acquire an equity position of over 25 percent in any
				certified zone business; and
(c) a
				signed statement from each investor in and/or contributor to the zone capital
				corporation claiming a zone capital tax credit, indicating the amount of such
				credit and the tax year proposed to claim such a credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to describe and set forth
				  the criteria of eligibility for empire zone capital tax credits. Upon
				  certification by the commissioner, an empire zone capital tax credit of 25
				  percent of the following qualified investments will be allowed: investments or
				  contributions to an empire zone capital corporation, direct equity investments
				  in certified zone businesses and contributions of money to certain community
				  development projects.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.2 - Qualified investments and contributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The empire zone capital tax credit of 25
				percent will be allowed, upon certification by the commissioner, for the
				following investments and contributions:
(1)
				qualified investment made in, or contributions in the form of donations made
				to, one or more empire zone capital corporations;
(2) qualified investments in certified zone
				businesses that during the 12-month period immediately preceding the month in
				which the investments were made employed full-time within the State an average
				number of individuals (excluding general executive officers) of 250 or fewer,
				computed pursuant to the empire zone wage tax credit provisions of section
				210 of the Tax Law. However, investments
				made by or on behalf of an owner of the business, including, but not limited
				to, a stockholder, partner, or sole proprietor, or any related person, as
				defined in subdivision (b)(3)(C) of section
				465 of the Internal Revenue Code, are not
				qualified investments; and
(3)
				contributions of money to community development projects.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.3 - Availability, apportionment and amount

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The total amount of zone capital tax
				credits available to each zone shall be $2.5 million; provided, however, that
				no more than $500,000 in zone capital tax credits shall be available in any
				zone for qualified investments in certified zone businesses. The total amount
				of zone capital tax credits allowable to a taxpayer for all years, taken in the
				aggregate, may not exceed $300,000 with respect to the total of qualified
				investments and contributions, and may not exceed $100,000 with respect to the
				investments and contribution described in each of paragraphs (1)-(3) of section
				14.2(a) of this
				Part. Carryover of economic development zone capital tax credits shall be
				pursuant to sections 210.20(b), 606(1), 1456(d) and 1511(h) of the State Tax
				Law.
(b) Apportionment of zone
				capital tax credits within a zone between capital investments in and
				contributions to zone capital corporations, direct equity investments in
				certified zone businesses and contributions to community development projects
				shall be determined and accounted for by the local economic development zone
				administrative board in consultation with the zone administrative entity. The
				local economic development zone administrative board shall notify the
				commissioner of the apportionment of zone capital tax credits within the zone
				on a form prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.4 - Criteria of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order for a qualified direct equity investment to be certified by the
				commissioner to be eligible for economic development zone capital tax credits,
				it must be demonstrated that:
(1) the
				investment in a certified zone business will contribute, significantly, to an
				activity having tangible economic benefits, such as start-up, expansion or
				industrial modernization of the certified zone business;
(2) the certified zone business has the
				potential to create jobs; and
(3)
				the direct equity investment is necessary to increase the amount of capital
				available to the certified zone business, provided, however, that such
				investment is not intended nor will be used to refinance existing debt or
				replace existing equity in such zone business.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.5 - Determination for certification

Current through Register Vol. 46, No. 28, July 10, 2024
The local economic development zone administrative board
				  shall, in accordance with these regulations, determine the eligibility of
				  direct equity investments in certified zone businesses and contributions to
				  community development projects for zone capital tax credits. This determination
				  shall be subject to review by the commissioner who shall accept or reject the
				  determination of the local economic development zone administrative board in
				  accordance with criteria set forth in section
				  14.4 of this
				  Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter II - ECONOMIC DEVELOPMENT ZONES › Part 16 - Zone Capital Credits › Section 16.6 - Community development projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All community development projects as
				defined in section
				10.2(e) of this
				Title approved by the commissioner prior to April 1, 2005 herein shall be
				considered to be located in the applicable zone regardless of the designation
				of distinct and separate contiguous areas pursuant to section
				10.4 of this Title.
(b) Any request to revise the boundaries of
				an existing empire zone to include a community development project shall not be
				submitted until the provisions of this subdivision are satisfied and the
				designation of the distinct and separate contiguous areas are submitted as
				required by section
				10.4 of this Title unless the local
				empire zone administrative board demonstrates that prior to April 1, 2005 it
				had been working in conjunction with a business for the purpose of submitting a
				boundary revision that would result in the creation of jobs within the zone.
				Such project shall be considered to be located in the zone even if it is not
				located in the distinct and separate contiguous areas for purposes of section
				10.4 of this Title. Such community
				development project shall be deemed to have been certified prior to April 1,
				2005.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the qualification
				  process to receive funding assistance under the Industrial Effectiveness
				  Program. The program seeks to preserve and create permanent private sector jobs
				  by encouraging New York manufacturing firms and industrial sectors to undertake
				  productivity and other operational improvements to remain competitive,
				  profitable and viable, and by aiding local buy outs of New York firms by
				  employees, managers or other residents of the State. The program further seeks
				  to mobilize State and local resources to provide targeted technical and
				  financial assistance to eligible firms. The Department of Economic Development,
				  with the cooperation and assistance of the New York State Urban Development
				  Corporation, administers and provides services under the
				  program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.2 - Purposes of the industrial effectiveness program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To assist industrial firms with the
				introduction of improved management and labor practices and production
				processes in order to enhance their productivity and competitiveness.
(b) To aid the development of new markets and
				ownership structures in order to improve the long-term viability of industrial
				firms.
(c) To identify and assist
				industrial firms that are, or are likely to be, in severe financial
				difficulties.
(d) To develop
				strategies for mobilizing State and community resources to respond to the needs
				of distressed industrial firms and to manufacturing plant closings and partial
				closings.
(e) To assist industrial
				firms in obtaining financing from publicly sponsored financing assistance
				programs and from private lending institutions.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.4 - Threshold criteria to qualify industrial firms for industrial effectiveness assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as provided in section
				20.6 of this Part, the department
				shall qualify individual industrial firms to apply for industrial effectiveness
				assistance based on an initial evaluation of the following factors:
(1) the existence of one or more competitive
				problems that is having or is likely to have a major, long-term adverse impact
				on a firm's economic well-being and profitability and which is attributable to
				causes other than in-state competition;
(2) the firm's financial condition and key
				indicators of future economic health indicate it has potential for future
				profitability and a reasonable chance with remedial action of becoming viable
				and preserving or creating employment over a substantial period of
				time;
(3) comprehension by owners
				and managers of the firm's problems, weaknesses, strengths and opportunities,
				and their competence and capability to make necessary changes to address
				competitive problems;
(4)
				management's commitment to consider employees' interests, and its willingness
				to elicit the support and participation of the labor force in any program to
				improve productivity and competitiveness;
(5) the firm's commitment to self-help
				measures to improve its competitive position;
(6) the firm's commitment to full cooperation
				with the department as exhibited by its willingness to supply information
				necessary for assistance in a timely manner and to share the costs of
				assistance, all as more fully set forth in Part 22 of this Title; and
(7) State assistance is likely to materially
				contribute to a firm's efforts to improve its competitive position, resulting
				in an economic development benefit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.5 - Threshold criteria to qualify groups of industrial firms for industrial effectiveness assistance

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall qualify groups of industrial firms to
				  apply for industrial effectiveness assistance based on an initial review of the
				  following factors:
(a) the group lends
				itself to a collaborative effort and a collective response to common
				competitive problems;
(b) all
				companies in the group have committed to a joint effort to address common
				competitive problems;
(c)
				management's commitment to consider employees' interests, and its willingness
				to elicit the support and participation of the labor force in any program to
				improve productivity and competitiveness; and
(d) State assistance is likely to materially
				contribute to a group's efforts to improve its competitive position, resulting
				in an economic development benefit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.6 - Threshold criteria to qualify industrial firms or purchasing groups for local buy-out assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall qualify industrial firms or purchasing groups to apply for
				local buy-out assistance, based on an initial review of the following factors:
(1) the firm is potentially viable;
(2) ownership and control of the firm is to
				be transferred to employees, managers or other residents of New York
				State;
(3) the local buy out will
				create or retain substantial numbers of private sector jobs;
(4) the local buy out will prevent the
				closing, partial closing or relocation out-of-state of the firm;
(5) the purchasing group evidences leadership
				capabilities and cohesiveness to effectively own and operate the firm and to
				provide competent management;
(6)
				the firm appears strong enough, financially and otherwise, to survive a
				transition in ownership, and the buy out is likely to make the firm stronger
				over the long term;
(7) the
				purchasing group is committed to the firm's continued existence in New York
				State;
(8) the purchasing group
				evidences commitment to the growth and development of the firm and is prepared
				to make tangible investments in its future;
(9) the local buy out will serve the
				interests of employees and of the community where the firm is located;
				and
(10) employees and labor
				organizations representing employees within the firm or, in companies without
				labor organizations, other employee groups, support the local buy out, and they
				and the purchasing group are willing to work together to enhance the firm's
				competitive position.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.7 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
In its administration of the program, the department
				  shall:
(a) provide productivity
				assessments and feasibility studies to qualified industrial firms or groups of
				firms that have requested such assistance pursuant to procedures set forth in
				Parts 21 and 22 of this Title;
(b)
				identify public and private sources of expertise available to assess
				productivity problems of industrial firms and to work under contract or in
				cooperation with the department in assisting such firms to undertake
				productivity improvement activities pursuant to procedures set forth in Part 24
				of this Title;
(c) identify
				individuals and firms with a distinctive competence in at least one area
				related to industrial productivity, such as industrial management, operations,
				production technology, marketing or labor relations and training, and a
				demonstrated ability to serve small- and medium-sized industrial
				firms;
(d) design and conduct
				seminars and workshops to inform industrial managers, union leaders, trade
				associations, and other appropriate individuals and organizations, of
				industrial productivity-improvement methods and approaches and to demonstrate
				their successful adoption in similar firms;
(e) publish a periodic newsletter to report
				on productivity research projects and case studies, market the program's
				services and provide such other information as the commissioner deems
				appropriate;
(f) conduct
				educational programs to inform industrial firms, labor organizations, banking
				organizations and other financial institutions, and industrial or local
				development agencies, of the benefits and risks associated with, and methods
				for effectuating, the transfer of ownership of industrial firms to employees,
				managers or other local investors;
(g) promote the services and assistance
				available under the program for industrial firms, to such firms and to
				municipal officials and agencies, regional and local economic development
				entities, technology development organizations, trade associations, business
				and labor organizations and other appropriate entities;
(h) provide short-term management consulting
				services to industrial firms, directly or through contracts, in order to assist
				such firms with assessing management, operations, market, or financial problems
				pursuant to procedures set forth in Part 22 of this Title;
(i) provide information on State-sponsored
				programs offering financial or technical assistance to industrial firms, and
				aid such firms in applying for assistance;
(j) identify industrial firms in danger of
				closing or substantially reducing operations; and
(k) coordinate with other State agencies and
				authorities in the delivery of industrial effectiveness services to individual
				firms and groups of firms.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.8 - Preference in outreach

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall direct its outreach efforts to:
(a) small- and medium-sized individual firms
				which, because of limited resources, internal capacity and information, require
				assistance from the State to diagnose and resolve competitive
				problems;
(b) firms, both large and
				small, located in State-designated economic development zones or in other
				economically distressed areas or regions heavily impacted by closings or major
				contractions of industrial firms;
(c) firms, both large and small, in other
				than economically distressed areas where assistance will serve an important
				public purpose, such as helping to save the sole employer in a community or a
				firm that is essential to a community's overall economic revitalization, or
				preserving employment for residents of an adjacent economically distressed
				area;
(d) minority- or women-owned
				enterprises or enterprises owned by dislocated workers, as defined in the
				Federal Job Training Partnership Act ( P.L. 97-300, as amended);
(e) firms whose competitive disadvantage is
				caused by special advantages of foreign competition, such as low wages,
				price-cutting practices to penetrate markets, or government subsidies or
				supports;
(f) firms with job growth
				potential;
(g) productivity
				improvement projects that will serve as a model for other firms in the same
				industry sector or geographic area; and
(h) local buy outs by employees or
				managers.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.9 - Qualification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department's regional offices, the New York State Science and Technology
				Foundation, the UDC, or other State agencies, authorities, offices or
				commissions, or local economic development entities, may refer an industrial
				firm or group of firms to the department to be qualified to apply for
				industrial effectiveness assistance.
(b) The department shall assign industrial
				effectiveness experts or specialists to visit and conduct interviews with the
				firm or group of firms, to review financial statements, and to complete a
				qualification for assistance questionnaire. The specialist shall report and
				recommend to the department whether the firm or group of firms should be
				qualified to apply for assistance under the program.
(c) Qualification of an industrial firm or
				group of industrial firms by the department pursuant to section
				20.4, 20.5 or
				20.6 of this Part shall make the
				firm or group of firms eligible to apply to the department for industrial
				effectiveness assistance.
(d) The
				department shall enter into such contractual agreements as are appropriate and
				necessary to facilitate the conduct of the program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.10 - Exemption from disclosure requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To the fullest extent permitted by law, all information
				  regarding the financial condition, marketing plans, manufacturing processes,
				  production costs, productivity rates, customer lists, or other trade secrets
				  and proprietary information of a person or entity requesting assistance from
				  the department, which is submitted by such person or entity to the department
				  in connection with an application for assistance or with a productivity
				  assessment or feasibility study, shall be confidential and exempt from public
				  disclosure.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 20 - The Qualification Process › Section 20.11 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
Industrial firms which participate in the program shall
				  report to the department in the form prescribed by the commissioner, in
				  relation to the activities undertaken as a result of the productivity
				  assessment or feasibility study performed on its behalf. Such reports shall
				  discuss:
(a) assistance received by
				the firm;
(b) its progress in
				improving its productivity, competitiveness and profitability; and
(c) the economic impact of assistance under
				the program, including numbers of jobs created or retained and whether the
				continued location and growth of the industrial firm within New York has been
				assured.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 21 - Feasibility Studies › Section 21.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide guidance to industrial
				  firms wishing to obtain industrial effectiveness assistance in the form of a
				  preliminary or full feasibility study.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 21 - Feasibility Studies › Section 21.2 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department, or the UDC upon the approval of the commissioner, may provide
				financial assistance for a preliminary feasibility study of an industrial firm,
				group of industrial firms, or purchasing group qualified pursuant to Part 20 of
				this Title, which has demonstrated its commitment to fully cooperate with the
				department and experts conducting such study.
(b) The department, or UDC upon approval by
				the commissioner, may provide financial assistance for a full feasibility study
				to an industrial firm qualified pursuant to Part 20 of this Title which has a
				preliminary feasibility study or an equivalent assessment, acceptable to the
				department, which concludes:
(1) that the
				firm has potential for future profitability and a reasonable chance of becoming
				viable, and that the proposed local buy out or corporate restructuring or
				turnaround plan appears to be feasible;
(2) that management and the labor force are
				willing to jointly participate in a full study and resolution of productivity
				and management problems and to fully cooperate with the department and its
				experts;
(3) that the interests of
				employees would be served by such a study; and
(4) that the firm or purchasing group is
				committed to the full study, including but not limited to the cost-sharing
				financial contribution required by Part 25 of this Title.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 21 - Feasibility Studies › Section 21.3 - Terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a
				preliminary feasibility study:
(1) the
				department, or the UDC upon the approval of the commissioner, may provide
				financial support not to exceed $15,000 for a preliminary feasibility study for
				a local buy out of an industrial firm, except that upon a showing of special
				circumstances, the commissioner may authorize additional financial support;
				and
(2) the department, or the UDC
				upon the approval of the commissioner, may provide financial support not to
				exceed $10,000 for a preliminary feasibility study of a corporate restructuring
				or turnaround plan, except that upon a showing of special circumstances, the
				commissioner may authorize additional financial support.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 21 - Feasibility Studies › Section 21.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a
				preliminary feasibility study:
(1) A qualified
				industrial firm or purchasing group shall complete and submit to the department
				a short-form application on forms provided by the department which shall
				include, but not be limited to, a description of the firm, its competitive
				situation, financial circumstances, assistance requested, proposed use of
				experts and method of selection, costs, support of the labor force for the
				study, the nature and extent of the firm's participation in and commitments to
				the study, commitments to make available necessary financial and other
				information, confidentiality provisions, and reporting requirements.
(2) Upon review and approval of the
				application by the department, a written agreement shall be entered into with
				the firm or purchasing group.
(3)
				The department, or an expert or experts retained by the department, shall
				perform the preliminary assessment.
(4) The department shall review the work of
				the expert preparing the preliminary feasibility study prior to its submission
				to insure that it adequately addresses the scope of services. Such preliminary
				feasibility study shall be delivered to the firm and to the
				department.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 22 - Productivity Assessments › Section 22.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide guidance to industrial
				  firms wishing to obtain industrial effectiveness assistance in the form of a
				  productivity assessment.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 22 - Productivity Assessments › Section 22.2 - Eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department, or UDC upon approval of the commissioner, may fund a preliminary
				productivity assessment of an industrial firm or group of industrial firms
				qualified pursuant to Part 20 of this Title, which has demonstrated a
				commitment to fully cooperate with the department and its experts conducting
				such assessment.
(b) The
				department, or UDC upon approval of the commissioner, may fund a limited,
				problem-specific productivity assessment of an industrial firm or group of
				firms qualified pursuant to Part 20 of this Title, which has a preliminary
				productivity assessment or an equivalent assessment acceptable to the
				department, concluding:
(1) that the firm is
				viable and has the potential for future profitability;
(2) that management and labor force are
				willing to jointly participate in an assessment and resolution of productivity
				and management problems;
(3) that
				interests of the employees would be served by such an assessment;
(4) that such an assessment would address the
				major competitive problem of the firm adversely affecting its viability and
				profitability;
(5) that the firm
				evidences a clear and substantial commitment to addressing its other needs,
				including maximum commitment of its own resources;
(6) that the time and cost of a full
				productivity assessment is not warranted in view of the firm's limited needs;
				and
(7) that resolution of one or
				more specific competitive problems for which the limited problem-specific
				productivity assessment assistance is requested can have a significant economic
				benefit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 22 - Productivity Assessments › Section 22.3 - Terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a
				preliminary productivity assessment, the department, or UDC upon approval by
				the commissioner, may provide financial assistance not to exceed $10,000,
				except that upon a showing of special circumstances, the commissioner may
				authorize additional financial support.
(b) For a limited productivity assessment,
				financial assistance may be provided for:
(1)
				a limited problem-specific productivity assessment by the department, or UDC
				upon approval by the commissioner, not to exceed $25,000 per firm or group of
				firms, except that, upon a showing of special circumstances, the commissioner
				may authorize additional financial support; and
(2) short-term management consulting services
				by the department to a small- or medium-sized firm not to exceed
				$5,000.