N.Y. Economic Development Law § 444: Powers and duties of the commissioner

* § 444. Powers and duties of the commissioner. 1. The commissioner

shall, in consultation with the commissioner of labor, promulgate

regulations consistent with the purposes of this article that,

notwithstanding any provisions to the contrary in the state

administrative procedure act, may be adopted on an emergency basis. Such

regulations shall include, but not be limited to, eligibility criteria

for business entities desiring to participate in the employee training

incentive program, procedures for the receipt and evaluation of

applications from business entities to participate in the program, and

such other provisions as the commissioner deems to be appropriate in

order to implement the provisions of this article.

2. The commissioner shall, in consultation with the department of

taxation and finance, develop a certificate of tax credit that shall be

issued by the commissioner to participating business entities.

Participants may be required by the commissioner of taxation and finance

to include the certificate of tax credit with their tax return to

receive any tax benefits under this article.

3. The commissioner shall solely determine the eligibility of any

applicant applying for entry into the program and shall remove any

participant from the program for failing to meet any of the requirements

set forth in subdivision one of section four hundred forty-two of this

article or for making a material misrepresentation with respect to its

participation in the employee training incentive program.

* NB Repealed December 31, 2028