N.Y. Comp. Codes R. & Regs. tit. 13 § 19.8

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

Section 19.8 - Determinations of elections by eligible senior citizens and eligible handicapped persons

(a)Election.

Subject to the other provisions of this section, a person may seek exemption as an eligible senior citizen or an eligible handicapped person as defined in General Business Law, section 352-e ee or 352-eeee by completing the relevant form SH-1, SH-2 or SH-3 promulgated by the Department of Law and included in the offering plan, and returning the form to the sponsor or his designated agent within 60 days of the date the Department of Law files the plan. The form must be served on the sponsor or his designated agent by personal service or certified or registered mail, return receipt requested. The sponsor or agent shall acknowledge receipt of the form and return an acknowledged copy to the person making the election.

(b)Determination of disputed elections.

(1) A sponsor who disputes the election by a person seeking exemption as an eligible senior citizen or eligible handicapped person must apply to the Department of Law within 30 days of the receipt of the election form for a determination by the Department of Law of such person's eligibility.

(2) The application shall be in the form of an affidavit sworn to by a person having knowledge of the facts and shall set forth the following:

(i) a statement that the application is made within 30 days of receipt of the election form;

(ii) the specific grounds for challenging the exemption;

(iii) the basis for the affiant's belief that the person making the election is not an eligible senior citizen or eligible handicapped person; and

(iv) all supporting information and documentation in the possession of the affiant bearing on the above.

(3) If the sponsor does not file a timely application, the Department of Law shall determine that the person making the election is an eligible senior citizen or eligible handicapped person.

(4) Upon receipt of an application and supporting documentation timely filed, the Department of Law shall inform the person making the election that an application disputing his or her eligibility has been received and shall request the person to submit an answer to the application on forms prescribed by the Department of Law supported by all relevant documentation in his or her possession within seven business days. Failure to answer the application shall not preclude the Department of Law from determining the eligibility of such person. The Department of Law may, in its discretion, request the appearance of any witness for the purpose of obtaining oral testimony on the issue or issues presented in the dispute. Such person shall be notified that he or she may be represented by counsel.

(5) On the basis of the information contained in the election form, the sponsor's application, the answer, if any, and oral testimony, if any, the Department of Law shall issue its determination of eligibility.

(c)Applicability.

This section shall be applicable to all offering plans accepted by the Department of Law for filing after the effective date, and to all applications to the Department of Law for determinations pursuant to General Business Law, section 352-e ee(4) or 352-eeee(4) not yet determined as of the effective date.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 19.8

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018