(a) In order to be eligible for funding, pursuant to section 7 of ORRA, to conduct a program approved pursuant to section 165.4 of this Part, a training provider shall be:

1. (1) authorized to confer degrees in this State;
2. (2) a board of education or board of cooperative educational services;
3. (3) chartered to provide elementary or secondary education;
4. (4) licensed pursuant to Education Law, section 5001, or registered pursuant to Education Law, section 5002;
5. (5) approved, pursuant to section 167.3 of this Title, to provide a basic skills program; or
6. (6) approved for such funding pursuant to subdivision (b) of this section.

(b) A training provider which is not eligible for funding pursuant to paragraphs (a)(1)-(5) of this section may be authorized by the commissioner to receive such funding, provided that such provider:

1. (1) is incorporated or chartered, and has conducted a technical or vocational program for the two years immediately preceding the date of application for approval;
2. (2) provides a statement from a certified public accountant or public accountant that its fiscal procedures are consistent with standard fiscal practices;
3. (3) has engaged in consultation and cooperative arrangements with other public and private agencies for the delivery of programs and/or services; and
4. (4) has a faculty of which a majority has not less than two years of teaching experience.