§ 443 — Application and approval process

* § 443. Application and approval process. 1. A business entity must\nsubmit a completed application in such form and with such information as\nprescribed by the commissioner.\n 2. As part of such application, each business entity must:\n (a) provide such documentation as the commissioner may require in\norder for the commissioner to determine that the business entity intends\nto conduct eligible training or procure eligible training for its\nemployees from an approved provider;\n (b) agree to allow the department of taxation and finance to share its\ntax information with the department. However, any information shared as\na result of this agreement shall not be available for disclosure or\ninspection under the state freedom of information law;\n (c) agree to allow the department of labor to share its tax and\nemployer information with the department. However, any information\nshared as a result of this agreement shall not be available for\ndisclosure or inspection under the state freedom of information law;\n (d) allow the department and its agents access to any and all books\nand records the department may require to monitor compliance;\n (e) provide a clear and detailed presentation of all related persons\nto the applicant to assure the department that jobs are not being\nshifted within the state; and\n (f) certify, under penalty of perjury, that it is in substantial\ncompliance with all environmental, worker protection, and local, state,\nand federal tax laws.\n 3. The commissioner may approve an application from a business entity\nupon determining that such business entity meets the eligibility\ncriteria established in section four hundred forty-two of this article.\nFollowing approval by the commissioner of an application by a business\nentity to participate in the employee training incentive program, the\ncommissioner shall issue a certificate of tax credit to the business\nentity upon its demonstrating successful completion of such eligible\ntraining to the satisfaction of the commissioner. For eligible training\nas defined by paragraph (a) of subdivision three of section four hundred\nforty-one of this article the amount of the credit shall be equal to\nfifty percent of eligible training costs, up to a credit of ten thousand\ndollars per employee receiving eligible training. For eligible training\nas defined by paragraph (b) of subdivision three of section four hundred\nforty-one of this article, the amount of the credit shall be equal to\nfifty percent of the stipend paid to an intern, up to a credit of three\nthousand dollars per intern. The tax credits shall be claimed by the\nqualified employer as specified in subdivision fifty of section two\nhundred ten-B and subsection (ddd) of section six hundred six of the tax\nlaw.\n * NB Repealed December 31, 2028\n