N.Y. COM Law § 426

§ 426. Powers and duties of the commissioner. 1. The commissioner\nshall promulgate regulations establishing an application process and\neligibility criteria, that will be applied consistent with the purposes\nof this article, so as not to exceed the annual cap on tax credits set\nforth in section three hundred fifty-nine of this chapter which,\nnotwithstanding any provisions to the contrary in the state\nadministrative procedure act, may be adopted on an emergency basis. Such\nregulations shall include, but not be limited to, criteria for\ndetermining whether a business entity demonstrates substantial physical\ndamage and economic harm from the event leading to an emergency\ndeclaration by the governor.\n 2. The commissioner shall, in consultation with the department of\ntaxation and finance, develop a certificate of tax credit that shall be\nissued by the commissioner to participants. Participants may be required\nby the commissioner of taxation and finance to include the certificate\nof tax credit with their tax return to receive any tax benefits under\nthis article.\n 3. The commissioner shall solely determine the eligibility of any\napplicant applying for entry into the program and shall remove any\nparticipant from the program for failing to meet any of the requirements\nset forth in subdivision two of section four hundred twenty-four of this\narticle, or for failing to meet the job retention requirements set forth\nin subdivision three of section four hundred twenty-three of this\narticle, or for failing to meet the requirements of subdivision five of\nsection four hundred twenty-three of this article.\n