N.Y. Comp. Codes R. & Regs. tit. 2 § 22.4

Current through Register Vol. 46, No. 53, December 31, 2024

Section 22.4 - Comptroller's determination whether unusual circumstances warrant denial of interest

(a) If a State agency believes that it is unable to comply with the timeframes established by section 179-t of the State Finance Law due to unusual circumstances beyond its control, and that such unusual circumstances warrant the denial of interest, in whole or in part, to the not-for-profit organization, the State agency shall so advise the comptroller, the Division of the Budget and the not-for-profit organization and shall provide the basis for such assertion in writing on or before 90 days prior to the end of the contract or 30 days after an appropriation providing funding for continued payments shall become law, whichever is later.

(b) Unusual circumstances does not mean a State agency's:

(1) failure to plan for implementation of a program;

(2) failure to assign sufficient staff resources to implement a program;

(3) failure to establish a schedule for the implementation of a program; or

(4) failure to anticipate any other reasonably foreseeable circumstance; or

(5) routine contract negotiations.

(c) Not more than 20 days after receipt of the State agency's written notice, the comptroller shall determine whether unusual circumstances exist and whether such circumstances warrant the denial of interest in whole or in part; and inform the State agency. If the comptroller determines that the denial of interest is not warranted, in whole or in part, the comptroller shall notify the State agency, the Division of the Budget, and the not-for-profit organization of such determination. Thereafter, the State agency shall, if the contract is then fully executed, immediately submit for the comptroller's approval a voucher requesting payment of the interest, if any, due under section 22.7 of this Part. If the contract is not then fully executed, the State agency shall immediately submit a voucher for the comptroller's approval requesting payment of interest, if any, due under section 22.7 of this Part once the contract is fully executed.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 22.4