§ 443. Application and approval process. 1. A business entity must
submit a completed application in such form and with such information as
prescribed by the commissioner.

2. As part of such application, each business entity must:

(a) provide such documentation as the commissioner may require in
order for the commissioner to determine that the business entity intends
to conduct eligible training or procure eligible training for its
employees from an approved provider;

(b) agree to allow the department of taxation and finance to share its
tax information with the department. However, any information shared as
a result of this agreement shall not be available for disclosure or
inspection under the state freedom of information law;

(c) agree to allow the department of labor to share its tax and
employer information with the department. However, any information
shared as a result of this agreement shall not be available for
disclosure or inspection under the state freedom of information law;

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

(e) provide a clear and detailed presentation of all related persons
to the applicant to assure the department that jobs are not being
shifted within the state; and

(f) certify, under penalty of perjury, that it is in substantial
compliance with all environmental, worker protection, and local, state,
and federal tax laws.

3. The commissioner may approve an application from a business entity
upon determining that such business entity meets the eligibility
criteria established in section four hundred forty-two of this article.
Following approval by the commissioner of an application by a business
entity to participate in the employee training incentive program, the
commissioner shall issue a certificate of tax credit to the business
entity upon its demonstrating successful completion of such eligible
training to the satisfaction of the commissioner. For eligible training
as defined by paragraph (a) of subdivision three of section four hundred
forty-one of this article the amount of the credit shall be equal to
fifty percent of eligible training costs, up to a credit of ten thousand
dollars per employee receiving eligible training. For eligible training
as defined by paragraph (b) of subdivision three of section four hundred
forty-one of this article, the amount of the credit shall be equal to
fifty percent of the stipend paid to an intern, up to a credit of three
thousand dollars per intern. The tax credits shall be claimed by the
qualified employer as specified in subdivision fifty of section two
hundred ten-B and subsection (ddd) of section six hundred six of the tax
law.