New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXII - Start-Up NY Program
Part 220 - Suny Tax-free Areas To Revitalize And Transform Upstate New York (start-up Ny) Program
Section 220.12 - Re-application process for businesses rejected from the program

Current through Register Vol. 44, No. 38, September 21, 2022

This section applies to re-applications made as a result of an applicant being rejected from the program for failing to meet the requirements of section 220.6 of this Part or any other requirement, as well as the intended purpose, of article 21 of the EDL, pursuant to section 220.10 of this Part.

(a) With sponsor approval, an applicant that has been rejected from the program may choose to locate into a tax-free NY area but will not be eligible for any of the benefits associated with the program.

(b) An applicant that has been disapproved or rejected from the START-UP NY Program may submit a re-application to the commissioner by submitting, in writing within 60 days of receipt of written rejection, a request for re-application. The request must identify the basis for the disapproval or rejection, as well as specific factual information (along with documentation establishing that information) and any arguments in support of the re-application. Failure by a business to request re-application within the aforementioned 60-day period will be deemed a waiver of the applicant's ability to submit a re-application.

(c) The commissioner may review all arguments contained in the re-application, all information in the original submissions, as well as any information independently obtained. Nothing herein precludes the commissioner from obtaining information from any outside source, as deemed appropriate. The commissioner may request additional information from the applicant in support of the re-application. At the commissioner's sole discretion, the commissioner may conduct an in-person interview with any person who has information regarding the application. The level of formality of any interview shall be at the discretion of the commissioner.

(d) The commissioner shall notify the sponsor, within 60 days of receipt of an applicant's complete re-application, of the commissioner's approval or disapproval of the re-application. A disapproval of a re-application will be deemed final and non-appealable.

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019

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