Sec. 197.1. Applicability

Notwithstanding the above regulations, with respect to applications in this program from businesses that have provided the commissioner information sufficient to determine that they have been negatively impacted by a State of Emergency, the commissioner, subject to approval by Division of Budget, shall have discretion to suspend or modify the provisions of these regulations or parts thereof as a result of the State emergency in order to allow an affected business with an active preliminary schedule of benefits to have their 2020 benefit year and commensurate commitments deferred to 2021, thereby extending their preliminary schedule of benefits by one additional year. Such discretion shall expire on December 31, 2020 or upon the actual expiration of the Governor’s Executive Order declaring such emergency, whichever is later.