On September 15, 2009, DayStar Technologies, Inc. (the "Company") received a letter from the Nasdaq Stock Market (the "Notice") notifying the Company that for 30 consecutive trading days the bid price of the Company's common stock had closed below the $1.00 per share minimum required for continued inclusion on the Nasdaq Capital Market pursuant to Nasdaq Marketplace Rule 5550(a)(2). The Notice also stated that the Company has been provided 180 calendar days, or until March 15, 2010, to regain compliance. To do so, the bid price of the Company's common stock must close at or above $1.00 per share for a minimum of ten consecutive trading days prior to March 15, 2010.

A copy of our press release announcing the Notice is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

On September 14, 2009, Mssrs. Richard Nevins and Scott Schecter resigned from the Board of Directors of the Company. Copies of Mssrs. Nevins's and Schecter's letters of resignation are attached as Exhibits 17.1 and 17.2, respectively.

On September 15, 2009, Mr. William S. Steckel, Chief Financial Officer, Secretary, & Treasurer was appointed to the Board of Directors of the Company. Mr. Steckel will serve in this capacity until the Company's annual meeting of its shareholders later this year. As an employee director, Mr. Steckel will not receive any additional compensation for his role on the Board of Directors.

(d) Exhibits.

Exhibit No.   Description
17.1          Letter of resignation dated September 17, 2009, from Richard Nevins

17.2          Letter of resignation dated September 18, 2009, from Scott Schecter

99.1          Press Release, dated September 18, 2009