New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter IV - Fuel Allocation And Energy Emergency Procedures
Subchapter D - Standby State Fuel Set-aside Program
Part 7901 - Application And Assignment Procedures
Section 7901.6 - Evaluation

(a) Where an application is submitted to a County Energy Coordinator, the Coordinator may initiate an investigation of any statement in the application, whether written or oral, and consider in its evaluation any relevant facts obtained from any source by such investigation. Following such investigation, the Coordinator shall evaluate the application, considering all information obtained and the criteria set forth in section 7901.7 of this Part, and shall forward the application to the State Energy Office with a recommendation for approval or disapproval.

(b) The State Energy Office shall evaluate each application, including the County Energy Coordinator's recommendation if the application was submitted through a Coordinator, considering the criteria set forth in section 7901.7 of this Part, and shall determine whether to grant or deny the application. The State Energy Office may initiate an investigation of any statement in the application, whether written or oral, and consider in its evaluation any relevant facts obtained from any source by such investigation. In addition, the State Energy Office shall, if practicable, telephone the designated representative of any prime supplier named in the application, and notify the representative that the application has been received and that comments regarding the application will be considered if submitted within a time period set by the State Energy Office, as warranted by the situation.

(c) If a Coordinator or the State Energy Office determines that there is insufficient information upon which to base a decision, and if the applicant does not submit the necessary additional information upon request, the Coordinator or the State Energy Office may dismiss the application without prejudice. If the failure to supply additional information is repeated or willful, the Coordinator or the State Energy Office may dismiss the application with prejudice.

(d) If a Coordinator or the State Energy Office determines that an applicant has submitted a false or misleading statement in connection with an application, the Coordinator or the State Energy Office may dismiss that application and any future application filed by the same applicant with prejudice, and may take further action as provided by Part 7905 of this Title.

(e) The Energy Office may establish priorities with respect to applications for assistance from the State Set-Aside, as appropriate.