Section 15-38-5 - Eligibility requirements(a) Any business applying for a grant shall meet all of the following qualifications: (1) Headquartered in the State;(2) Doing business in the State for not less than five years;(3) Employing fifteen or more residents with income subject to taxation pursuant to chapter 235, HRS;(4) Can demonstrate financial viability of the business;(5) Is either incorporated under the laws of the State, or registered to do business in the State;(6) Has bylaws or policies that describe the manner in which the activities or services for which the grant is awarded shall be conducted or provided;(7) Is licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which the grant is awarded;(8) Complies with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability; and(9) Allows the development corporation, legislative committees and their staff, and the auditor full access to its records, reports, files, and other related documents and information for purposes of monitoring, measuring the effectiveness, and ensuring the proper expenditures of the grant. (b) The business shall be eligible to receive a grant in an amount up to the average of the federal tax credit received for the prior three tax years;(c) The business shall not claim the Hawaii tax credit for research activities for the same year that a Hawaii research and development program grant is awarded. The business shall allow the Hawaii department of taxation to verify that this condition is and remains satisfied. If a claim was filed for the same year, the business shall repay the entire grant funds received to the development corporation plus administrative expenses. [Eff 8/17/2019] (Auth: HRS § 206M-3) (Imp: HRS § 206M-15.2)