§ 426. Powers and duties of the commissioner. 1. The commissioner\nshall promulgate regulations establishing the type of application\nprocess and the eligibility criteria, that will be applied consistent\nwith the purposes of this article, so as not to exceed thirty million\ndollars from the annual cap on tax credits set forth in section three\nhundred fifty-nine of this chapter which, notwithstanding any provisions\nto the contrary in the state administrative procedure act, may be\nadopted on an emergency basis. Such regulations shall include, but not\nbe limited to, criteria for determining whether a business entity\ndemonstrates substantial physical damage and economic harm from the\nevent leading to an emergency declaration by the governor.\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 may be required\nby the commissioner of taxation and finance to include the certificate\nof tax credit with their tax return to receive any tax benefits under\nthis 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 four hundred twenty-four of this\narticle, or for failing to meet the job retention requirements set forth\nin section four hundred twenty-three of this article.\n
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