Laserfiche WebLink
Mr. Jay Mcllrath '3_ DEC 0"9 2009 <br /> Claim No. 014482 <br /> (1) It is independently owned and operated; and <br /> (2) . . . [business location requirement not relevant for Fund purposes] <br /> (3) . . . [business owners' domicile requirement not relevant for Fund purposes] <br /> (4) It is not dominant in its field of operation(s), and <br /> (5) It is either: <br /> (A) A business that, together with all affiliates, has 100 or fewer <br /> employees, and annual gross receipts of twelve million dollars <br /> ($12,000,000) or less as averaged for the previous three tax years, as <br /> adjusted by the Department pursuant to Government Code Section <br /> 14837(d)(3); or <br /> (B) A manufacturer as defined herein that, together with all affiliates, has <br /> 100 or fewer employees... <br /> Discussion of Why You Do Not Meet Requirements <br /> You do not meet the Priority "B" Classification requirements because: <br /> • Your gross revenues for 1996, 1997, and 1998 are unknown. To date you have <br /> not provided all the tax information (specifically your 1996 tax returns) required <br /> for making a gross revenue determination as requested by the Fund. For the <br /> purposes of assignment to a Priority Class "B" you, together with affiliates, <br /> cannot exceed $12 million average annual gross receipts over the last three <br /> years prior to the date of your claim application. <br /> • To date you have not provided the revised (03/09) "Request for Assignment of <br /> Claim to Priority Class B" and "Worksheet for Priority Class B Claimants" forms <br /> as requested by the Fund. <br /> • To date you have not provided an updated priority class worksheet (Section 21 of <br /> the current claim application) and an explanation of why the priority class <br /> worksheet was previously incorrect as requested by the Fund. <br /> Appeal Process <br /> This represents an FMD in this matter. In accordance with section 2814.1 of the Fund <br /> Regulations, if you are not in agreement with this FMD, you may request a Final <br /> Division Decision (FDD). The appeal must be received by the Deputy Director of the <br /> Division of Financial Assistance within 60 days of the date of this letter. If you do not <br /> request an FDD within those 60 days, this decision will become final and conclusive. <br /> The request should be sent to: <br /> California Environmental Protection Agency <br /> pr�Recycled Paper <br />