1. (a) A business entity applying to participate in the program in connection with providing eligible training to employees must:

   1. (1) operate in the State predominantly in a strategic industry;
   2. (2) demonstrate that it is obtaining eligible training from an approved provider;
   3. (3) create at least 10 net new jobs or make a significant capital investment in connection with the eligible training; and
   4. (4) be in compliance with all worker protection and environmental laws and regulations. In addition, the business entity may not owe past due State taxes or local property taxes.

2. (b) A business entity applying to participate in the program in connection with providing an eligible internship program must:

   1. (1) demonstrate that it will be providing an eligible internship program, not to exceed 12 months in duration, to one or more interns;
   2. (2) be located in the State;
   3. (3) be in compliance with all worker protection and environmental laws and regulations. In addition, the business entity may not owe past due State taxes or local property taxes;
   4. (4) certify that the eligible internship program will not displace employees of the business entity; and
   5. (5) employ fewer than 100 employees.

In order to participate in the program, a business entity must satisfy the following criteria: