§ 192. Administration. The department, in furtherance of the
objectives of the industrial effectiveness program, is hereby authorized
and directed to:

1. provide productivity assessments and feasibility studies to
industrial firms that have requested such assistance directly or upon
referral by the department's regional offices, the New York state
science and technology foundation, the New York state urban development
corporation, or by other state agencies, authorities, offices or
commissions. Such productivity assessments and feasibility studies may
be provided directly by the department or by experts retained or
supervised by the department. Any expenditures for such assistance other
than for preliminary productivity assessments or feasibility studies
shall be based on a plan reviewed and approved by the commissioner. The
following factors shall be considered in determining whether to provide
a productivity assessment or feasibility study to an industrial firm:
(a) the potential viability of the company; (b) the commitment of
management and labor to jointly participate in a
productivity-improvement program; and (c) whether interests of the
employees of the firm would be served by such assistance. Industrial
firms and potential purchasers of existing industrial firms shall share
the cost of a productivity assessment or feasibility study provided by
experts retained or supervised by the department. The level of
contribution by a firm or by potential purchasers toward the cost of
such an assessment or feasibility study shall not be less than fifty
percent of the total cost;

2. identify public and private sources of expertise available to
assess productivity problems of industrial firms and to work under
contract or in cooperation with the department in assisting such firms
to undertake productivity-improvement activities;

3. identify individuals and firms with a distinctive competence in at
least one area related to industrial productivity, such as industrial
management, operations, production technology, marketing or labor
relations and training, and a demonstrated ability to serve small and
medium-sized industrial firms, for the purposes of referring small and
medium-sized industrial firms with identified needs to consultants with
relevant expertise;

4. design and conduct seminars and workshops to inform industrial
managers, union leaders, trade associations, and other appropriate
individuals and organizations, of industrial productivity-improvement
methods and approaches and to demonstrate their successful adoption in
similar firms;

5. publish a periodic newsletter to report on productivity research
projects and case studies, market the program's services and provide
such other information as the commissioner deems appropriate;

6. conduct educational programs to inform industrial firms, labor
organizations, banking organizations and other financial institutions,
and industrial or local development agencies of the benefits and risks
associated with, and methods for effectuating, the transfer of ownership
of industrial firms to employees, managers or other local investors;

7. promote the services and assistance available under this article
for industrial firms, to such firms and to municipal officials and
agencies, regional and local economic development entities, technology
development organizations, trade associations, business and labor
organizations and other appropriate entities;

8. provide short-term management consulting services to industrial
firms, directly or through contracts, in order to assist such firms with
assessing management, operations, market or financial problems;

9. provide information on state-sponsored programs offering financial
or technical assistance to industrial firms and aid such firms in
applying for assistance;

10. identify industrial firms in danger of closing or substantially
reducing operations.