§ 394-C — Application and approval process

§ 394-c. Application and approval process. 1. A business entity must\nsubmit a complete application as prescribed by the commissioner by the\nthirty-first of January after the end of the service year.\n 2. The commissioner shall establish procedures for a business entity\nto submit applications. As part of the application, each business entity\nmust:\n (a) provide evidence in a form and manner prescribed by the\ncommissioner of their business eligibility;\n (b) provide the license or registration issued to the business entity,\ndirectly or through a third party, by the office to operate a child care\nprogram indicating the number of child care seats created or, in the\ncase of a child care program that has experienced an expansion of child\ncare seats, the license or registration issued by the office\ndemonstrating such expansion;\n (c) provide evidence in a form and manner prescribed by the\ncommissioner establishing:\n (i) the total number of child care seats that were occupied during the\nservice year;\n (ii) of such total number of child care seats that were occupied, the\nnumber of infant child care seats that were occupied and the number of\ntoddler child care seats that were occupied;\n (iii) that, to the extent the business entity, directly or through a\nthird party, has expanded child care, the number of child care seats in\nexistence before such expansion and the number of such child care seats\nthat were occupied before such expansion; and\n (iv) that the costs imposed on the business entity's employees for\nsuch child care program do not exceed forty percent of the child care\nrate;\n (d) agree to allow the department of taxation and finance to share the\nbusiness entity's tax information relevant to the administration of this\ntitle with the office. However, any information shared as a result of\nthis title shall not be available for disclosure or inspection under the\nstate freedom of information law;\n (e) allow the office and its agents access to any and all books and\nrecords the office may require to monitor compliance; and\n (f) agree to provide any additional information required by the office\nrelevant to this title.\n 3. After reviewing a business entity's completed final application and\ndetermining that the business entity meets the eligibility criteria as\nset forth in this title, the office may issue to that business entity a\ncertificate of tax credit, which shall set forth the amount of the\ncredit that may be claimed and the service year.\n