Sec. 250.6. Criteria for evaluation of applications

(a) Initial application.

An initial application may be approved by the department, at its sole discretion, provided that such application satisfies the following criteria:

(1) In the case of a business entity applying to participate in the program in connection with providing eligible training to employees, such application must:

(i) be complete;

(ii) be submitted prior to procuring eligible training from an approved provider;

(iii) be made by a business entity operating in the State predominantly in a strategic industry;

(iv) identify the approved provider from which the business entity proposes to procure eligible training;

(v) demonstrate, by providing a written curriculum and such other documentation as the commissioner may require, that the training to be provided by an approved provider is eligible training;

(vi) estimate the total costs attributable to providing the eligible training;

(vii) certify that such business entity is in compliance with all worker protection and environmental laws and regulations, and that such business entity does not owe past due State taxes or local property taxes;

(viii) agree to allow the Department of Taxation and Finance to share the tax information of the business entity with the department;

(ix) agree to allow the Department of Labor to share its tax and employer information with the department;

(x) agree to allow the department and its agents access to any and all books and records the department may require to monitor compliance; and

(xi) include one of the following:

(a) at least three bids solicited from entities proposing to provide the eligible training; or

(b) an attestation that the business entity could not obtain at least three bids from entities proposing to provide the eligible training, and a written explanation for its inability to obtain such bids.

(2) In the case of a business entity applying to participate in the program in connection with providing an eligible internship program, such application must:

(i) be complete;

(ii) be submitted prior to the business entity retaining interns to participate in the eligible internship program;

(iii) identify the approved provider that will provide the eligible internship program and the employees of such entity who will be responsible for managing and training interns retained by the business entity;

(iv) demonstrate, by providing a written curriculum and such other documentation as the commissioner may require, that the internship program to be provided is an eligible internship program;

(v) estimate the total costs for stipends to be paid to interns participating in the eligible internship program;

(vi) certify that such business entity is in compliance with all worker protection and environmental laws and regulations, and that such business entity does not owe past due State taxes or local property taxes;

(vii) agree to allow the Department of Taxation and Finance to share the tax information of the business entity with the department;

(viii) agree to allow the Department of Labor to share its tax and employer information with the department;

(ix) agree to allow the department and its agents access to any and all books and records the department may require to monitor compliance;

(x) certify that the eligible internship program will not displace employees of the business entity;

(xi) identify the number of full-time equivalent employees of the business entity; and

(xii) demonstrate that interns participating in the eligible internship program will comprise less than 50 percent of the workforce of the business entity.

(b) Final application.

A final application shall not be approved until a business entity demonstrates satisfaction of the following criteria to the satisfaction of the commissioner:

(1) In the case of a business entity submitting a final application in connection with providing eligible training to employees, such application must:

(i) be complete;

(ii) demonstrate that the eligible training described in such business entity’s initial application is complete;

(iii) not contain material misrepresentations;

(iv) be submitted no more than 24 months from the date of the department’s issuance of a certificate of conditional eligibility to the business entity; and

(v) demonstrate that such business entity made a significant capital investment in connection with the eligible training.

(2) In the case of a business entity submitting a final application in connection with providing an eligible internship program, such application must:

(i) be complete;

(ii) demonstrate that the eligible internship program described in such business entity’s initial application is complete;

(iii) demonstrate that any interns participating in the eligible internship program were current students, recent graduates, or recent members of the Armed Forces;

(iv) not contain material misrepresentations; and

(v) demonstrate that no employees have been displaced as a result of the eligible internship program.