N.Y. Comp. Codes R. & Regs. tit. 21 § 753.6

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

Section 753.6 - Miscellaneous provisions

(a) Amendment. The trust shall have the power to amend this by promulgating amended rules and regulations at any time, and within 30 days of the adoption of any such amendments hereto, the trust shall file copies with the State Comptroller, the State Director of the Budget, the Chairman of the Senate Finance Committee, and the Chairman of the Assembly Ways and Means Committee.

(b) Contract incorporation. The policy statement in effect at the time that a contract is entered into is hereby incorporated into and made a part of that contract.

(c) Public access. The trust shall make copies of this policy statement available to the public upon reasonable request at the trust's main office. The trust shall also provide a copy of this policy statement to each contractor at or prior to the time a contract is entered into.

(d) Inapplicability. This policy is not applicable to payments due and owing by the trust:

(1) under the Eminent Domain Procedure Law;

(2) as interest on judgments rendered by a court against the trust pursuant to any other provision of law than contained in this Part;

(3) to the Federal government; to any State agency or its instrumentalities; to any duly constituted unit of local government including, but not limited to, counties, cities, towns, villages, school districts, special districts, or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity; or

(4) in situations where the trust exercises a legally authorized set-off against all or part of a payment due a contractor.

(e) Court action or other legal processes. The trust is under no liability to pay interest pursuant to this policy for any period after a contractor has filed a claim, given notice of an intention to file a claim or commenced legal action seeking any payment of interest; interest during such period shall only be paid as directed by the court in accordance with such other provisions of law as may be applicable.

(f) Interpretation. This Part shall be interpreted consistent with and to fulfill the purposes of section 2880 of the Public Authorities Law.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 753.6