N.Y. Comp. Codes R. & Regs. tit. 12 § 127.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 127.4 - Application

(a) Any manufacturer or contractor wishing to be considered for placement on the registry shall submit an application to the department, which shall contain all the following information:

(1) Evidence that the manufacturer or contractor is currently registered and was registered pursuant to Labor Law, section 341 as of September 11, 2000. Such evidence may include, but is not limited to a copy of the official registration certificates issued by the department.

(2) Evidence satisfactory to the commissioner that the manufacturer or contractor had been continuously doing business from September 11, 2000, to and including September 11, 2001.

(3) Evidence of cooperative labor management efforts that demonstrate to the commissioner's satisfaction that the manufacturer or contractor has made and continues to make a commitment to improving the economic well being of its employees. Such efforts may include, but are not limited to the following: employee training programs, child care programs, health benefits, or retirement benefits.

(4) Evidence satisfactory to the commissioner that the manufacturer or contractor, or any owner or partner of the manufacturer or contractor, has not been found in violation of the Workers' Compensation Law or any other State or Federal labor law, rule or regulation in the previous five years.

(5) Evidence satisfactory to the commissioner that the manufacturer or contractor was adversely affected by the September 11, 2001, attach on the United States of America, which may include but is not limited to the following:

(i) production shut down for a period subsequent to September 11, 2001 (identify time period);

(ii) laid off employees (list employees laid off);

(iii) reduced hours of operation;

(iv) employee difficulty in gaining access to the location;

(v) disruption of deliveries;

(vi) lost utilities;

(vii) lost access to production equipment;

(viii) any other loss which diminished the economic worthiness of the manufacturer or contractor

(b) The department shall review each application, relevant department records, and where applicable other State and/or Federal records to determine if the manufacturer or contractor is qualified to be included on the registry. The department shall notify the manufacturer or contractor making such application of its determination as soon as it is practicable. The department's review must find the following for the manufacturer or contractor to be included on the registry:

(1) the manufacturer or contractor has been and is currently registered in compliance with Labor Law, section 341;

(2) the manufacturer or contractor had been continuously doing business from September 11, 2000, to and including September 11, 2001;

(3) the manufacturer or contractor has demonstrated it has and continues to make cooperative labor management efforts to improve the economic well being of its employees;

(4) neither the manufacturer or contractor, nor any owner or partner of the manufacturer or contractor, has been found in violation of the Labor Law, rule, or regulation in the previous five years;

(5) neither the manufacturer or contractor, nor any owner or partner of the manufacturer or contractor, has been found in violation of the Workers' Compensation Law, rule or regulation in the previous five years;

(6) neither the manufacturer or contractor, nor any owner or partner of the manufacturer or contractor, has been found in violation of any Federal labor law, rule or regulation in the previous five years; and

(7) the manufacturer or contractor was adversely affected by the September 11, 2001, attacks on the United States.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 127.4