§ 402. Electronic filing of applications for certain business permits. 1. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit an application for a business permit or other license subject to the provisions of this section to be filed with such agency, subscribed and affirmed by the applicant as true under penalty of perjury where statute otherwise requires that such signature be acknowledged, verified or sworn under oath.

Terms Used In N.Y. State Administrative Procedure Act Law 402

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Oath: A promise to tell the truth.
  • Statute: A law passed by a legislature.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

2. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit any application for a business permit or other license subject to the provisions of this section to be submitted to such agency by electronic means, provided that any signature required thereon shall meet the requirements of subdivision three of § 302 of the state technology law, and the use of electronic records shall meet the requirements of subdivision one of § 305 of the state technology law.

3. This section shall apply to applications for the issuance, modification or renewal of any permit, license, certificate, approval, registration, charter, or similar form of permission or authority required by law, or by state agency rules having the force and effect of law, which is required for a business undertaking, project or activity for an applicant, but shall not include bonds or other forms of security required to be submitted by applicants, any individual licenses for practicing a profession prescribed in title eight of the education law, filings under the uniform commercial code, or routine licenses and permits for individual privileges, including licenses for operating a motor vehicle.