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JAN 15 2009 <br /> Maxine and John Ferraiolo -3- <br /> Claim No. 15094 <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 revenues exceed the amount allowed. For the purposes of assignment to a <br /> Priority Class "B" you, together with affiliates, cannot exceed $12 million average annual <br /> gross receipts over the last three years prior to the date of your claim application. The <br /> tax returns that you have submitted for Maxine and John Ferraiolo as individuals, and <br /> your affiliate partnership, Ferraiolo and Ferraiolo Auto Factory, indicate that you have <br /> exceeded the revenue limit of$12 million average annual gross receipts over the three <br /> years preceding the date.of the claim application. Your claim application was received <br /> on January 12, 2000. Fund staff reviewed individual and partnership tax returns for the <br /> years of 1997; 1998, and 1999 and determined that you had a gross annual average of <br /> $13,143,894 for those years. <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 /> Ms. Barbara L. Evoy, Deputy Director USTCF Claim No. 15094 <br /> Division of Financial Assistance <br /> State Water Resources Control Board <br /> P.O. Box 944212 <br /> Sacramento, CA 94244-2120 <br /> The request for an FDD must include, at a minimum: (1) a statement describing how the <br /> claimant is damaged by this FMD; (2) a description of the remedy or outcome desired; <br /> Calafornia,rr vironmentalProleelion,4gerrcy <br /> .z> <br /> �a RecycledPoper <br />