Ohio Administrative Code|Rule 122:7-1-05 | Eligibility requirements.

                                                
(A) Except as otherwise provided in this
		  rule, the authority may grant a tax credit pursuant to section 122.17 of the
		  Revised Code if the authority determines the business entity's project
		  satisfies all of the following:
(1)  The project
			 satisfies the requirements set forth in division (C) of section 122.17 of the
			 Revised Code;
(2)  The taxpayer
			 proposes as a result of the project to do all of the following by the metric
			 evaluation date:
(a) Create at least ten full-time equivalent employees at the
				project location;
(b) Generate additional annual payroll at the project location in
				an amount equal to or greater than one hundred seventy-five per cent of the
				federal minimum wage at the time the authority approves the project, multiplied
				by fifty-two thousand (which is the number of hours twenty-five full-time
				equivalent employees would work in one year); and
(c) Have an average hourly wage rate of at least one hundred
				fifty per cent of the federal minimum wage at the time the authority approves
				the project for all new employment positions added as a result of the
				project.
(3)  The project has received a letter of
			 support from the chief executive, or his or her designee, of the local
			 political subdivision or a regional development agency charged with promoting
			 economic development with jurisdiction over the project location, or in the
			 case of a project with a to-be-determined project location, will receive such
			 letter prior to the approval of the subsequently identified project
			 location.
(B) All or any portion of a project
		  determined to be retail shall not be eligible for tax credits pursuant to
		  section 122.17 of the Revised Code.
(C) A taxpayer that sells or derives
		  revenue from the performance of services rather than the sale of goods, must
		  demonstrate to the satisfaction of the authority that at least fifty-one per
		  cent of the sales or revenues attributable to the proposed project are
		  projected to be generated from outside the state of Ohio by the metric
		  evaluation date to be eligible for tax credits pursuant to section 122.17 of
		  the Revised Code.
(D) Each taxpayer shall certify to the
		  authority the amount of baseline payroll for individuals employed at the
		  project location as of the date of the job creation tax credit application is
		  submitted. Acceptance of tax credit award shall constitute the taxpayer's
		  confirmation that the amount of existing payroll certified to the authority is
		  accurate and will be relied upon by the authority in issuing tax credit
		  certificates. The tax credit shall be calculated on payroll attributed to
		  full-time equivalent employees employed by the taxpayer in excess of the
		  existing payroll, as accepted by the authority, provided that the taxpayer
		  executes and returns the tax credit agreement, within sixty days of delivery of
		  the agreement. If the taxpayer fails to execute the tax credit agreement within
		  such sixty day period, the tax credit may, at the discretion of the authority,
		  be calculated on payroll attributed to full-time equivalent employees employed
		  by the taxpayer in excess of the existing payroll, as of the date of the
		  execution of the tax credit agreement. The taxpayer shall include with any
		  agreement returned more than sixty days after delivery the amount of the
		  taxpayer's payroll at the project location not more than ten business days
		  prior to the date the taxpayer signs the agreement. Such payroll amount shall
		  be certified as accurate by the chief executive officer, chief financial
		  officer, or other officer authorized to sign tax returns for the
		  taxpayer.
(E) The authority may from time to time
		  set additional eligibility requirements for job creation tax credit project
		  applications.
(F) If the authority does not approve a
		  taxpayer's application in which it receives a recommendation under
		  division (C) of section 122.17 of the Revised Code, the Ohio development
		  services agency shall notify the taxpayer of such determination along with any
		  reasons for such determination identified by the authority. The taxpayer may be
		  eligible to reapply, unless otherwise determined by the authority.
(G) By the metric evaluation date and
		  each year of the term thereafter, to remain eligible to receive a tax credit
		  certificate, the taxpayer must:
(1) Maintain at least ten
			 new full-time equivalent employees at the project location;
(2) Maintain an amount of
			 additional annual payroll consistent with paragraph (A)(2)(b) of this rule over
			 the baseline payroll; and
(3) Maintain an average
			 hourly wage consistent with paragraph (A)(2)(c) of this rule.
(H) If the taxpayer fails to satisfy the
		  requirements of paragraph (G) of rule 122:7-1-05 of the Administrative Code, no
		  tax certificate shall be issued for that year and the taxpayer may be subject
		  to remedial action as set forth in division (E) of section 122.17 of the
		  Revised Code.