306 KAR 1:020. Application process for new or existing business.

      RELATES TO: KRS 154.45-001-154.45-120

      STATUTORY AUTHORITY: KRS 154.45-070(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 154.45-070(1) requires the Enterprise Zone Authority of Kentucky to promulgate administrative regulations to monitor compliance by local governments and qualified businesses with the provisions of the Enterprise Zone Program. This administrative regulation establishes the application process for a new or existing business seeking certification as an enterprise zone qualified business.

      Section 1. Application Process for New or Existing Business. (1) A new business seeking certification as a qualified business shall submit to the authority a completed Application for Qualified Business Certification as a New Business within an Enterprise Zone. The application shall contain the following information:

      (a) Certification from Employment Services that an authorized representative of the business has:

      1. Applied for certification; and

      2. Executed the Kentucky Enterprise Zone Program Employer Orientation form;

      (b) For each targeted workforce employee:

      1. Certification from Employment Services; and

      2. An executed original of the Kentucky Enterprise Zone Program Employee/Employer Certification form;

      (c) An executed original of the Cabinet for Economic Development Economic Incentive Disclosure Statement; and

      (d) An executed original of the Application for Qualified Business Certification as a New Business within an Enterprise Zone.

      (2) An existing business with at least twenty (20) percent increase in capital investment that seeks certification as a qualified business shall submit an application which contains the following information:

      (a) A balance sheet for the business located within the enterprise zone, dated within ninety (90) days from the date the application is submitted to the local zone administrator;

      (b) An executed original of the Cabinet for Economic Development Economic Incentive Disclosure Statement; and

      (c) An executed original of the Application for Qualified Business Certification as an Existing Business within an Enterprise Zone.

      (3) An existing business with at least a twenty (20) percent increase in the number of employees hired, of which at least twenty-five (25) percent are from the targeted workforce, that seeks certification as a qualified business shall submit an application which contains the following information:

      (a) Certification from Employment Services that the business has been informed of the targeted workforce criteria;

      (b) Certification from Employment Services for each targeted workforce employee;

      (c) An executed original of the Cabinet for Economic Development Economic Incentive Disclosure Statement; and

      (d) An executed original of the Application for Qualified Business Certification as an Existing Business within an Enterprise Zone.

      (4) Employment Services shall qualify an employee as a targeted workforce employee if:

      (a) Within the most recent three (3) year period for which employment, income, and public assistance records are available, the employee was unemployed or received public assistance, or both; or

      (b) The employee currently resides in the enterprise zone.

      Section 2. Application for Expansion of an Enterprise Zone by Local Government. A local government seeking expansion of an enterprise zone pursuant to KRS 154.45-020 or 154.45-030 shall submit an application to the authority which contains the following information:

      (1) An executed original and eleven (11) copies of the Application for Expansion of an Enterprise Zone;

      (2) A legal description of the area proposed for expansion;

      (3) Certification from Employment Services that the area proposed for expansion meets the eligibility criteria pursuant to KRS 154.45-040;

      (4) An executed copy of an interlocal agreement if two (2) or more local governments are included in the area proposed for expansion;

      (5) An executed copy of relevant resolutions adopted by each local government included in the area proposed for expansion; and

      (6) A map of the enterprise zone, including the area proposed for expansion, drawn at a maximum scale of 200 feet to the inch, clearly showing enterprise zone boundaries, streets, property lines, zoning, and census tract, group, or block data.

      Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Qualified Business Certification as a New Business within an Enterprise Zone (10/99)";

      (b) "Application for Qualified Business Certification as an Existing Business within an Enterprise Zone (10/99)";

      (c) "Application for Expansion of an Enterprise Zone (10/99)";

      (d) "Cabinet for Economic Development Economic Incentive Disclosure Statement (10/99)";

      (e) "Kentucky Enterprise Zone Program Employer Orientation Form (10/99)";

      (f) "Kentucky Enterprise Zone Program Employee/Employer Certification Form (10/99)".

      (2) This material may be inspected, copied or obtained at the Cabinet for Economic Development Kentucky Enterprise Zone Program, Capital Plaza Tower, 24th Floor, 500 Mero Street, Frankfort, Kentucky 40601, (502) 564-7670, Monday through Friday, 8 a.m. to 4:30 p.m. (9 Ky.R. 749; eff. 1-6-83; Am. 10 Ky.R. 429; 879; eff. 12-2-83; 13 Ky.R. 2036; eff. 7-2-87; 18 Ky.R. 2877; 3194; eff. 4-14-92; 26 Ky.R. 1193; 1537; eff. 2-16-2000.)