To qualify for the Arkansas Existing Workforce Training Program, a business must:

1. (1) Be classified in one (1) of the following:

   1. (A) Manufacturers classified in sectors 31-33 in the North American Industry Classification System;
   2. (B) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards but which are classified under the North American Industry System in another sector;

   3. (C)

      1. (i) Businesses primarily engaged in:

         1. (a) (a) The design and development of prepackaged software;
         2. (b) (b) Digital content production and preservation;
      2. (c) (c) Computer processing and data preparation services; or
      3. (d) (d) Information retrieval services.
      4. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

   4. (D)

      1. (i) Businesses primarily engaged in motion picture productions.
      2. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

   5. (E)

      1. (i) Intermodal facilities or distribution centers.
      2. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

   6. (F)

      1. (i) Office sector businesses.
      2. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

   7. (G)

      1. (i) Firms primarily engaged in commercial, physical, and biological research.
      2. (ii) All businesses in this group shall be classified in the North American Industry Classification System code 541710;

   8. (H)

      1. (i) National or regional corporate headquarters.
      2. (ii) All businesses in this group shall be classified in the North American Industry Classification System code 551114, provided that a national or regional headquarters serves more than one (1) state;

   9. (I)

      1. (i) Scientific and technical services businesses.
      2. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

   10. (J)

       1. (i) Building trade industries.
       2. (ii) All businesses in this group as classified in the North American Industry Classification System codes 236 and 238.
       3. (iii) Businesses classified in a North American Industry System code 23899 shall not qualify as building trade industries;

   11. (K)

       1. (i) Air transport businesses.
       2. (ii) All businesses in this group as classified in the North American Industry Classification code 488190.

       3. (iii) These businesses are primarily engaged in:

          1. (a) (a) Aircraft maintenance;
          2. (b) (b) Repair services; and
       4. (c) (c) Aircraft testing; and

   12. (L) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible business if the following conditions exist:

       1. (i) The business must derive at least seventy-five percent (75%) of its sales revenue from out of state; and
       2. (ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county or state average wage, whichever is less;
2. (2) Submit a valid application to the Arkansas Economic Development Commission at least ten (10) business days before training begins;
3. (3) Provide assurance that the participants involved in the proposed training program possess the prerequisite literacy skills;

4. (4)

   1. (A) Clearly tie the proposed training to specific business goals and performance objectives, such as:

      1. (i) Reduction of cycle time;
      2. (ii) Scrap;
      3. (iii) Rework;
      4. (iv) Inventory; or
      5. (v) Various other quality objectives.
   2. (B) The application must state the specific business goals and how the proposed training program will assist in meeting these goals;
5. (5) Provide assurance that Arkansas Existing Workforce Training Program funds will not be used for training that is authorized under another state or federal program; and

6. (6)

   1. (A) Provide training that upgrades the knowledge and skills of the existing worker.
   2. (B) The intent of the Arkansas Existing Workforce Training Program is to provide employees with company-specific, skill-specific, and/or specialized equipment-specific skills that enhance their knowledge and skill level.
   3. (C) It is not the intent to provide courses on company administrative issues and/or policy and procedures or courses that the majority of employees go through that cover all general information.

   4. (D) Therefore, the following courses/topics are not eligible:

      1. (i) Labor relations;
      2. (ii) Grievance processes;
      3. (iii) Disciplinary issues;
      4. (iv) Complaint procedures;
      5. (v) Discrimination;
      6. (vi) Quid pro quo;
      7. (vii) Employee fair treatment;
      8. (viii) Harassment;
      9. (ix) Employee rights;
      10. (x) Family Medical Leave Act;
      11. (xi) Sexual harassment;
      12. (xii) Violence in the workplace; and
      13. (xiii) Cultural diversity when dealing with these topics/issues.