UNITED STATES SECURITIES AND EXCHANGE COMMISSION ~~Washington~~WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

~~December~~January 123, ~~2012~~2013 Date of Report (Date of earliest event reported)

DAYSTAR TECHNOLOGIES, INC.
(Exact Name of Registrant as Specified in Charter)

DELAWARE	001-34052	84-1390053
(State or Other	(Commission File Number)	(IRS Employer
Jurisdiction of Incorporation)		Identification No.)

2280 Leckie Road, Suite ~~B Kelowna~~BKelowna, B.C. V1X-6G6 Canada (Address of Principal Executive Offices) (~~Zip~~Postal Code)

(778) 484-5159 (Registrant's telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a -12)

[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d -2(b))

[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c))

~~ITEM~~Item 53.0201 ~~DEPARTURE~~NOTICE OF ~~DIRECTORS~~FAILURE ORTO ~~PRINCIPAL~~SATISFY ~~OFFICERS;~~A ~~ELECTION~~CONTINUED OFLISTING ~~DIRECTORS;~~RULE ~~APPOINTMENT~~OR ~~OF PRINCIPAL OFFICERS~~STANDARD; ~~COMPENSATORY~~TRANSFER ~~ARRANGEMENT~~ OF ~~CERTAIN OFFICERS~~LISTING

OnDayStar Technologies Inc. (the “Company”) received notice from Nasdaq that it was not in compliance with Nasdaq’s Listing Rules due to a failure to hold an annual meeting within one year of the end of the Company’s fiscal year ending on December 1231, 2011. DayStar notified Nasdaq that it believed it had complied with the Listing Rule since it held an annual meeting of stockholders on December 19, 2012. Daystar has been notified that the annual meeting held on December 19, ~~William~~2012 ~~(Bill)~~did ~~Richardson~~not ~~was~~meet ~~appointed~~the requirements of Nasdaq’s asListing Rules because the Company did not file a ~~director~~Proxy ofStatement ~~Daystar~~on ~~Technologies~~Form ~~Inc~~14A prior to the meeting. (Nasdaq noted that since the “Company~~”),~~ bydid not meet the listing requirement it would continue with the previously announced procedures to delist the Company’s securities. Nasdaq has offered the Company an ~~Board~~opportunity ofto ~~Directors~~request a hearing to appeal this determination. The Company intends to request this hearing from Nasdaq. In the event the Company’s appeal is denied, the Company’s shares would qualify for listing on the OTCBB.

~~William~~In addition, on November 20, 2012, Staff notified the Company that it had not received the Company’s Form 10-Q for the period ended September 30, 2012 (~~Bill~~the “Form 10-Q”), ~~Richardson~~as required by Listing Rule 5250(c)(1), ~~Director~~and requested the Company submit a plan to regain compliance by no later than December 5, 2012. The Company then provided Staff with its compliance plan on December 5, 2012, the Company citing that it was adversely affected by a change in its Chief Financial Officer in November 2012 which contributed to its late filing and the missed 14A. The Company filed its Quarterly Report on Form 10Q on January 7, 2013.

~~Richardson~~The ~~recently~~Company ~~completed~~plans ~~his~~to ~~second~~appeal ~~term~~Staff’s asdetermination ~~Governor~~to ofa Hearings ~~New~~Panel, ~~Mexico~~pursuant into ~~January~~the ~~2011.~~procedures Heset ~~was~~forth ~~elected Governor~~ in ~~2002~~the ~~and~~Nasdaq ~~re-elected~~Listing inRule 5800 ~~2006~~Series. ~~with~~Hearings ~~the~~are ~~support~~typically ofscheduled 69to ~~percent~~occur ofapproximately ~~voters,~~30-45 ~~representing~~days after the ~~largest~~date ~~margin~~ of ~~victory~~the ~~for~~hearing ~~any Governor in state history~~request.

Prior to being elected governor, Mr. Richardson served for 15 years in New Mexico representing the 3rd Congressional District. In 1997 &1998 Mr. Richardson served as the U.S. Ambassador to the United Nations, and he was unanimously confirmed by the U.S. Senate as Secretary of the U.S. Department of Energy under the President Clinton’s Administration.

Exhibit No.	Description

99.1	Press Release issued by Daystar Technologies Inc. dated January 9, 2013, regarding delisting of the Company’s securities from The Nasdaq Stock Market.

Since leaving his public service office, Mr. Richardson was named chairman of APCO Worldwide's executive advisory service Global Political Strategies (GPS) and Special Envoy for the Organization of American States (OAS), adding another platform for initiatives within peace and reconciliation in the Western hemisphere. In addition, Mr.Richardson serves as Senior Fellow for Latin America at Rice University's James A. Baker III Institute for Public Policy and has joined several non-profit and for- profit boards, including Abengoa's International Advisory Board, the fifth largest biofuels producer in the U.S., WRI World Resources Institute, Refugees International and the National Council for Science and the Environment.

SECTION 8	OTHER EVENTS
ITEM 8.01	OTHER EVENTS

On December 12, 2012, the Company issued a press release announcing the appointment of William (Bill) Richardson which is filed as an exhibit hereto.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release dated December 12, 2012 of Daystar Technologies Inc., announcing the appointment of William (Bill) Richardson.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	DAYSTAR TECHNOLOGIES, INC.
Date: December 12, 2012	By /s/ Peter A. Lacey
	Peter A. Lacey
	Interim Chief Executive Officer

DAYSTAR TECHNOLOGIES, INC.

Date: January 9, 2013	By /s/Lorne Roseborough
	Lorne Roseborough
	President

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