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JUN 6 ale <br />Mr. Jay McIlrath -3- <br />Claim No. 013882 <br />It is independently owned and operated; and <br />. . . [business location requirement not relevant for Fund purposes] <br />. . . [business owners' domicile requirement not relevant for Fund purposes] <br />It is not dominant in its field of operation(s), and <br />It is either: <br />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 />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 1995, 1996, and 1997 are unknown. To date you have <br />not provided all the tax information (specifically your 1995 and 1996 tax returns) <br />required for making a gross revenue determination as requested by the Fund. <br />For the purposes of assignment to a Priority Class "B" you, together with <br />affiliates, cannot exceed $12 million average annual gross receipts over the last <br />three 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 />Lastly, 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 />Zc'Dj Recycled Paper