§ 6-50-704 - Rules and regulations for program.
               	 		
6-50-704.    Rules and regulations for program.
    (a)  The  Arkansas Economic Development Commission shall promulgate rules under  the Arkansas Administrative Procedure Act,    25-15-201 et seq., for  implementation of this subchapter by the commission.
(b)  Rules shall include, but not be limited to, the following:
      (1)  Training shall be conducted for the purpose of meeting specific business goals and performance objectives;
      (2)  As  part of the application process, a company or consortium shall be  responsible for determining that participants involved in the training  program possess the appropriate prerequisite literacy skills;
      (3)    (A)  The  amount of financial support a company or consortium receives shall be  determined and approved by the commission and set forth in writing prior  to any funds' being committed and distributed or prior to any tax  credits' being approved.
            (B)  For  companies or consortia that use state-supported educational  institutions to deliver classroom training to their employees, the  amount of support shall be the lesser of:
                  (i)  One-half (1/2) of the amount paid by the company to the state-supported educational institution for the training;
                  (ii)    (a)  The  instructional hour rate established by the governing council, not to  exceed eighty dollars ($80.00) per instructional hour, times the number  of instructional hours delivered with fifty percent (50%) or more of the  eligible participants completing the course.
                        (b)  For  companies that use company employees or company-paid consultants to  deliver classroom training to their employees, the amount of the tax  credit shall not be more than twenty-five dollars ($25.00) per  instructional hour.
                        (c)  The  minimum class size needed to receive full benefits is five (5)  trainees. For classes smaller than five (5), the amount of support will  be reduced proportionally;
                  (iii)  The  instructional hour rate established by the governing council, not to  exceed thirty-five dollars ($35.00) per instructional hour, times the  number of instructional hours for safety-related training; or
                  (iv)  The  instructional hour rate established by the governing council, not to  exceed thirty-five dollars ($35.00) per instructional hour, times the  number of instructional hours for all courses with less than fifty  percent (50%) of the eligible participants completing each course;
      (4)  Training  delivered by means other than traditional classroom training may be  considered by the governing council. For approved training delivered by  means other than traditional classroom training, a flat rate of  reimbursement will be established by the governing council;
      (5)  Applications for tax credits afforded by this subchapter shall be available on and after January 1, 2000;
      (6)  The  maximum amount of total tax credits allowed by the commission pursuant  to this subchapter shall not exceed four hundred fifty thousand dollars  ($450,000) per year;
      (7)  Neither  grant funds nor tax credits shall be used to support any training,  including remedial basic skills training, that is authorized under any  other state or federal program; and
      (8)  Neither  grant funds nor tax credits shall be used to support any training that  is mandated by any state or federal law or regulation.