California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 21 - Enterprise Zone Program › Article 14 - Enterprise Zone Administration and Issuance of Vouchers › Section 8463 - Administration of a Vouchering Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each enterprise zone shall have and
					 maintain a vouchering plan containing policies and procedures for the operation
					 of a vouchering program. The plan shall meet the following criteria:
(1) The plan shall have written vouchering
					 policies and procedures that ensure compliance with Revenue and Taxation Code
					 Sections 17053.74 and 23622.7, Government Code Section 7070 et seq., California
					 Code of Regulations title 10, chapter 7.8 commencing with Section 5600, and
					 this subchapter 21.
(2) The plan
					 shall require any Applicant requesting a voucher to provide documentary
					 evidence to substantiate that the employee for whom a voucher is requested
					 satisfied immediately preceding the commencement of employment, the
					 requirements of subdivision (b)(4)(A)(iv) of Revenue and Taxation Code Sections
					 17053.74 or 23622.7 as a qualified employee.
(3) The plan shall require the zone manager
					 and zone staff to retain and keep confidential a copy of each voucher
					 application received and each voucher issued and their supporting
					 documentation. These records shall include the date the application was
					 received, whether the application was approved or denied, and a statement
					 signed by the zone manager of the basis for the decision on each voucher
					 application. Unless otherwise required by law these records shall be accessible
					 only to the zone manager and zone staff, the zone governing body, the Franchise
					 Tax Board, the Department, and Applicants (or their designees) who may access
					 only their own applications. All applications and voucher records shall be
					 maintained for a minimum of five years from the date an application for a
					 voucher is received.
(4) The plan
					 shall require the zone to certify that the zone manager, zone staff, and any
					 third party entities designated pursuant to subdivision (a)(7) of this section,
					 are free of any conflicts of interest with Applicants or with the zone's
					 obligations to objectively evaluate and process applications.
(5) The plan shall require the zone to
					 certify that vouchering policies and procedures are administered
					 consistently.
(6) The plan shall
					 include an annual affirmative marketing procedure to make businesses aware of
					 the opportunities to participate in the enterprise zone program and of the
					 vouchering plan.
(7) A zone
					 governing body may designate a third party entity to process voucher
					 applications if the plan expressly provides for this designation and the third
					 party entity enters into a written agreement with the zone, which agreement
					 requires compliance with this Article 14 and the third party entity certifies
					 that it is free of any conflict of interest as defined in this Article. The
					 zone shall keep copies of all vouchers and applications processed by a third
					 party.