§ 63N-4-404 — Grant application process.

(1) For a fiscal year beginning on or after July 1, 2018, a business entity seeking to receive a grant shall provide the office with an application in a form approved by the office that includes:

(1)(a) a certification, by an officer of the business entity, of each signature on the application;
(1)(b) a document that specifies the projected number and anticipated wage level of the new full-time employee positions that the business entity plans to create as the basis for qualifying for a grant; and
(1)(c) any additional information required by the office.
(2) (2)(a) If, after review of an application provided by a business entity as described in Subsection (1), the office determines that the application is inadequate to provide a reasonable justification for authorizing the grant, the office shall:
(2)(a)(i) deny the application; or
(2)(a)(ii) inform the business entity that the application is inadequate and ask the business entity to submit additional documentation.
(2)(b) (2)(b)(i) If the office denies an application, the business entity may appeal the denial to the office.
(2)(b)(ii) The office shall review any appeal within 10 business days and make a final determination of the business entity's eligibility for a grant.
(3) If, after review of an application provided by a business entity as described in Subsection (1), the office determines that the application provides reasonable justification for authorizing a grant and if there are available funds for the grant, the office shall enter into a written agreement with the business entity that:

(3)(a) indicates the maximum grant amount the business entity is authorized to receive;
(3)(b) includes a document signed by an officer of the business entity that expressly directs and authorizes the State Tax Commission to disclose to the office the business entity's tax returns and other information that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code;
(3)(c) describes the documentation required to demonstrate that the business entity has created the new full-time employee positions described in the application provided under Subsection (1); and
(3)(d) specifies the deadlines to provide the documentation described in Subsection (3)(c).
(4) (4)(a) Subject to available funds, the office may award a grant to a business entity as follows:
(4)(a)(i) $4,000 for each new full-time employee position in a county where the average county wage is equal to or greater than the state average wage;
(4)(a)(ii) $5,000 for each new full-time employee position in a county where the average county wage is between 85% and 99% of the state average wage; and
(4)(a)(iii) $6,000 for each new full-time employee position in a county where the average county wage is less than 85% of the state average wage.
(4)(b) A business entity may qualify for no more than $250,000 in grants in any fiscal year.
(5) (5)(a) Subject to available funds, the office shall award a business entity a grant in the amount allowed under this part if the business entity provides documentation to the office:
(5)(a)(i) in a form prescribed by the office under Subsection (3)(c);
(5)(a)(ii) before the deadline described in Subsection (3)(d); and
(5)(a)(iii) that demonstrates that the business applicant has created new full-time employee positions.
(5)(b) If a business entity does not provide the documentation described in Subsection (3)(c) before the deadline described in Subsection (3)(d), the business entity is ineligible to receive a grant unless the business entity submits a new application to be reviewed by the office in accordance with Subsection (1).
(6) Nothing in this part prevents a business entity that has received a grant from concurrently applying for or receiving another grant or incentive administered by the office.
(7) If an applicant for a grant is a mining company or mining services company having business operations within five miles of a rural county, the applicant shall be treated as if the applicant were located within the adjacent rural county in determining whether the applicant qualifies for the grant program.

Legislative History

Amended by Chapter 362, 2022 General Session