N.Y. Comp. Codes R. & Regs. tit. 21 § 4202.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 4202.4 - Threshold criteria to qualify individual industrial firms for industrial effectiveness assistance

(a) Except as provided in section 4202.6 of this Part, the department shall qualify individual industrial firms to apply for industrial effectiveness assistance based on an initial evaluation of the following factors:

(1) the existence of one or more competitive problems that is having or is likely to have a major, long-term adverse impact on a firm's economic well-being and profitability and which is attributable to causes other than in-state competition;

(2) the firm's financial condition and key indicators of future economic health indicate that it has potential for future profitability and a reasonable chance with remedial action of becoming viable and preserving or creating employment over a substantial period of time;

(3) comprehension by owners and managers of the firm's problems, weaknesses, strengths and opportunities, and their competence and capability to make necessary changes to address competitive problems;

(4) management's commitment to consider employee's interests, and its willingness to elicit the support and participation of the labor force in any program to improve productivity and competitiveness;

(5) the firm's commitment to self-help measures to improve its competitive position;

(6) the firm's commitment to full cooperation with the department as exhibited by its willingness to supply information necessary for assistance in a timely manner and to share the costs of assistance, all as more fully set forth in Part 4204 of his Title; and

(7) State assistance is likely to materially contribute to a firm's efforts to improve its competitive position resulting in an economic development benefit.

(b) The department shall apply such other criteria for specific industrial effectiveness assistance to qualified individual firms as are set forth elsewhere in this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4202.4