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

January 328, 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, B.C. V1X-6G6 Canada
(Address of Principal Executive Offices) (Postal Code)

(~~778~~408) ~~484~~582-~~5159~~7100 (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 35.0102 ~~NOTICE~~Election OFof ~~FAILURE~~a TONew ~~SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING~~Director

~~DayStar~~On ~~Technologies~~January ~~Inc.~~28, ~~(the~~2013 ~~“Company”)~~Stephane ~~received~~Bertrand ~~notice~~became ~~from Nasdaq that it was not in compliance with Nasdaq’s Listing Rules due to~~ a ~~failure~~ tomember ~~hold an annual meeting within one year~~ of the board ~~end~~ of ~~the~~director ~~Company’s fiscal~~of ~~year~~DayStar ~~ending~~Technologies ~~on December 31, 2011~~Inc. (“DayStar” ~~notified~~or ~~Nasdaq that it believed it had complied with~~ the ~~Listing~~“Company”). ~~Rule since it held an annual meeting~~Mr. ofBertrand ~~stockholders~~has onnot ~~December~~yet ~~19, 2012. Daystar has~~ been ~~notified~~assigned ~~that~~to ~~the~~any ~~annual meeting~~of ~~held on December 19, 2012 did not meet~~ the ~~requirements~~committees of ~~Nasdaq’s Listing Rules because~~ the Company ~~did not file a Proxy Statement on Form 14A~~'s ~~prior~~board toof ~~the meeting~~directors. ~~Nasdaq~~There ~~noted~~are ~~that~~no ~~since~~arrangements ~~the~~or ~~Company~~understandings ~~did~~between ~~not meet~~ the ~~listing~~Company ~~requirement~~and itany ~~would~~other ~~continue~~person ~~with~~pursuant ~~the previously announced procedures~~ to ~~delist~~which ~~the Company’s securities~~Mr. ~~Nasdaq~~Bertrand ~~has~~was ~~offered~~selected ~~the~~as ~~Company an~~a ~~opportunity~~director, tonor ~~request~~are athere ~~hearing~~any totransactions ~~appeal~~between ~~this determination~~Mr. ~~The~~Bertrand ~~Company intends~~and tothe ~~request~~Company ~~this~~in ~~hearing~~which ~~from~~he ~~Nasdaq.~~has Ina ~~the~~direct ~~event~~or ~~the Company’s appeal~~indirect ismaterial ~~denied,~~interest that the Company’s ~~shares~~is ~~would~~required ~~qualify~~to ~~for~~report ~~listing~~except onas ~~the~~set ~~OTCBB~~forth below.

InMr. ~~addition,~~Bertrand onwas ~~November~~a ~~20,~~former ~~2012,~~Executive ~~Staff~~Director ~~notified~~of the ~~Company~~World ~~that~~Energy itCongress ~~had~~and ~~not~~served ~~received~~as Chief of Staff for Premier of Quebec. Mr. Bertrand coordinated the ~~Company’~~government's ~~Form~~activities ~~10-Q~~ for ~~the~~more ~~period~~than ~~ended~~4 ~~September~~years. He was directly ~~30,~~involved ~~2012~~in (formulating all the ~~“Form~~government's 10policies, communications, research, and crisis management strategies. Mr. Bertrand previously held the positions Vice-~~Q”)~~President, Communications, Public and Government Affairs for Gaz Metro Limited Partnership. He served as ~~required~~Director byof ~~Listing~~Research ~~Rule~~and ~~5250(c)(1)~~Communications of the Quebec Liberal Party. He served as Chief of Staff and was Economist, responsible for Press Relations, in the office of the Deputy Minister of Finance and ~~requested~~Privatization and the ~~Company~~office ~~submit~~of athe ~~plan~~Minister toof ~~regain~~Cultural ~~compliance~~Affairs byof noQuebec. ~~later~~Mr. Bertrand ~~than~~has carried out various mandates within the energy sector, specifically ~~December~~natural 5gas, wind power, and small hydroelectric power plants. He has been a Director of Canada Lithium Corp. since March 20, 2012. ~~The~~He ~~Company~~serves ~~then~~as ~~provided~~Executive Director ~~Staff~~of ~~with~~the ~~its~~International ~~compliance~~Summit ~~plan~~of onCooperatives. Mr. Bertrand served as a ~~December~~Member 5of the Board of Directors of Gaz Metro. He served as a Director of Salamon Group Inc. from March 13, 2012 to November 7, 2012. He served as Executive Director of the ~~Company~~Quebec ~~citing~~Liberal ~~that~~Party. itHe was ~~adversely~~Vice ~~affected~~President, byPlanning and aDevelopment ~~change~~for the Societe financiere des Caisses populaires Desjardins. He inwas ~~its~~Executive ~~Chief~~Director ~~Financial~~of ~~Officer~~the inWorld ~~November~~Energy ~~2012~~Congress ~~which~~- ~~contributed~~Montreal to2010. ~~its~~From ~~late~~2010 ~~filing~~to ~~and~~2011, he chaired the ~~missed~~Energy ~~14A~~Committee of the Plan Nord (Quebec Government's policy). ~~The~~Mr. ~~Company~~Bertrand ~~filed~~was ~~its~~Chairman ~~Quarterly~~of ~~Report~~the Standing committee on ~~Form~~Public ~~10Q~~Affairs of onthe Canadian Gas Association for 5 years. Mr. Bertrand holds a Master's ~~January~~Degree 7,in ~~2013~~Economics from Universite de Montreal.

~~The~~As ~~Company~~of ~~plans~~the todate ~~appeal~~of ~~Staff’s~~this ~~determination~~Current toReport aon ~~Hearings Panel~~Form 8-K, ~~pursuant~~the Company's toboard ~~the~~of ~~procedures~~directors ~~set~~had ~~forth~~not inyet ~~the~~granted ~~Nasdaq~~any ~~Listing~~equity ~~Rule~~awards ~~5800 Series~~to Mr. Bertrand ~~Hearings~~in ~~are~~connection ~~typically~~with ~~scheduled~~his toappointment ~~occur~~as ~~approximately~~a ~~30-45~~director ~~days~~but ~~after~~ may do so in the future ~~date~~as ofper the ~~hearing~~Company's ~~request~~Non-employee Director Compensation.

Exhibit No.	Description
99.1	Press Release issued by Daystar Technologies Inc. dated ~~January~~November 919, ~~2013~~2012, regarding ~~delisting~~the termination of the ~~Company’s securities from The Nasdaq Stock Market~~Agreement.

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.

	DAYSTAR TECHNOLOGIES, INC.

Date: January 28, 2013	By /s/ Peter A. Lacey
	Peter A. Lacey
	Interim Chief Executive Officer

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

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