Sec. 13a.11.02.02. Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Business entity" means:

(a) A person conducting or operating a trade or business in Maryland; or

(b) An organization operating in Maryland that is exempt from taxation under §501(c)(3) or (4) of the Internal Revenue Code.

(2) "Deemed agency" means a public organization with whom the Division and the Maryland Department of Labor have developed a memorandum of understanding regarding identification of qualified employees with disabilities who may benefit from the tax credit.

(3) "Division" means the Division of Rehabilitation Services of the Maryland State Department of Education.

(4) "Maryland Department of Labor" means the State agency responsible for administration of the Maryland disability employment tax credit.

(5) "Qualified child care or transportation expenses" means:

(a) State-regulated child care expenses that are incurred by a business entity to enable a qualified employee with a disability to be gainfully employed; or

(b) Transportation expenses that are incurred by a business entity to enable a qualified employee with a disability to travel to and from work.

(6) Qualified Employee With a Disability.

(a) "Qualified employee with a disability" means an individual who:

(i) Meets the definition of an individual with a disability as defined by the Americans with Disabilities Act;

(ii) Has a disability that presently constitutes an impediment to obtaining or maintaining employment or to transitioning from school to work;

(iii) Is ready for employment; and

(iv) Has been determined by the Division or the Maryland Department of Labor, in consultation with the Division, as having met the criteria of a qualified employee with a disability established under this section.

(b) "Qualified employee with a disability" does not mean an employee who has been found by the Division as having the particular skills necessary for a particular job.

(c) "Qualified employee with a disability" includes an individual who has been certified by the Maryland Department of Labor, in consultation with the United States Department of Veterans Affairs, as having been discharged or released from active duty in the armed forces of the United States for a service-connected disability.

(d) "Qualified employee with a disability" includes any individual meeting the definition in §B(6)(a) of this regulation, regardless of whether the individual receives services from the Division.

(7) "Ready for employment" means a person who is willing to accept an offer of employment.

(8) "Wages" means wages that are paid by a business entity to an employee for services performed in a trade or business of the employer, within the meaning of §51(c)(1), (2), and (3) of the Internal Revenue Code with regard to §51(c)(4) of the Internal Revenue Code.