§ 356. Powers and duties of the commissioner. 1. The commissioner\nshall promulgate regulations establishing an application process and\neligibility criteria, that will be applied consistent with the purposes\nof this article, so as not to exceed the annual cap on tax credits set\nforth in section three hundred fifty-nine of this article which,\nnotwithstanding any provisions to the contrary in the state\nadministrative procedure act, may be adopted on an emergency basis.\n 2. The commissioner shall, in consultation with the department of\ntaxation and finance, develop a certificate of tax credit that shall be\nissued by the commissioner to participants. Participants must include\nthe certificate of tax credit with their tax return to receive any tax\nbenefits under this article.\n 3. The commissioner shall solely determine the eligibility of any\napplicant applying for entry into the program and shall remove any\nparticipant from the program for failing to meet any of the requirements\nset forth in subdivision two of section three hundred fifty-four of this\narticle, or for failing to meet the minimum job or investment\nrequirements set forth in subdivisions three and four of section three\nhundred fifty-three of this article.\n
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