§ 394-c. Application and approval process. 1. A business entity must
submit a complete application as prescribed by the commissioner by the
thirty-first of January after the end of the service year.

2. The commissioner shall establish procedures for a business entity
to submit applications. As part of the application, each business entity
must:

(a) provide evidence in a form and manner prescribed by the
commissioner of their business eligibility;

(b) provide the license or registration issued to the business entity,
directly or through a third party, by the office to operate a child care
program indicating the number of child care seats created or, in the
case of a child care program that has experienced an expansion of child
care seats, the license or registration issued by the office
demonstrating such expansion;

(c) provide evidence in a form and manner prescribed by the
commissioner establishing:

(i) the total number of child care seats that were occupied during the
service year;

(ii) of such total number of child care seats that were occupied, the
number of infant child care seats that were occupied and the number of
toddler child care seats that were occupied;

(iii) that, to the extent the business entity, directly or through a
third party, has expanded child care, the number of child care seats in
existence before such expansion and the number of such child care seats
that were occupied before such expansion; and

(iv) that the costs imposed on the business entity's employees for
such child care program do not exceed forty percent of the child care
rate;

(d) agree to allow the department of taxation and finance to share the
business entity's tax information relevant to the administration of this
title with the office. However, any information shared as a result of
this title shall not be available for disclosure or inspection under the
state freedom of information law;

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

(f) agree to provide any additional information required by the office
relevant to this title.

3. After reviewing a business entity's completed final application and
determining that the business entity meets the eligibility criteria as
set forth in this title, the office may issue to that business entity a
certificate of tax credit, which shall set forth the amount of the
credit that may be claimed and the service year.