N.Y. Economic Development Law § 496: Powers and duties of the commissioner

§ 496. Powers and duties of the commissioner. 1. The commissioner

shall promulgate regulations establishing an application process and

eligibility criteria, that will be applied consistent with the purposes

of this article, so as not to exceed the annual cap on tax credits set

forth in section four hundred ninety-five of this article which,

notwithstanding any provisions to the contrary in the state

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

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 eligible businesses. Such certificate

shall contain such information as required by the department of taxation

and finance.

3. The commissioner shall solely determine the eligibility of any

applicant applying for entry into the program and shall remove any

business entity from the program for failing to meet any of the

requirements set forth in section four hundred ninety-three of this

article, or for failing to meet the requirements set forth in

subdivision one of section four hundred ninety-four of this article.