Or. Admin. R. 123-600-0110 - Process Overview
(1)
Application Stages. The Department reviews an application for a Manufacturing
BETC in two stages.
(a) The first stage is
called preliminary certification . Prior to submitting an application and fee
payment, the Applicant must contact the Department to initiate a pre-screening
process. Once accepted, the application is subject to in-depth review of the
manufacturer's technology, financial model and plan, which may be conducted by
a third party contractor selected by the Department for the purpose of
determining if a preliminary certificate shall be issued. If the Department
determines that the Applicant qualifies for a Manufacturing BETC, the
Department may issue a preliminary certificate. The preliminary certificate may
contain specific criteria and conditions for the facility to meet in order to
complete final certification based on the information provided in the
application for the BETC and type of facility that is described in the
application. In addition, the Department shall require the Applicant to enter
into a performance agreement or other similar agreement as a condition of
approval.
(b) The second stage is
called final certification . During this stage the application is subject to
verification of completion of the facility in accordance with conditions and
criteria imposed in the preliminary certificate and performance agreement, and
the determination of final eligible costs for purpose of issuing the final tax
certificate.
(2)
Application . To begin the review process for each stage as described in
123-600-0120 and 123-600-0130, or to change the facility during the review
process, an Applicant shall submit the information on the application form
approved by the Department and additional information as requested by the
Department.
(3) Receipt of
Applications. Applications shall be considered received on the date marked
received by the Department , unless the application is determined to be
incomplete.
(4) Pass-through Option
Commitment. An Applicant planning to use a pass-through partner should indicate
their intention on the application for preliminary certification and shall
select the pass-through option on the application for final
certification.
(5) Conditions for
Approval. The Director may impose conditions in approving a preliminary or
final certificate that the facility shall operate in accordance with the
representations made by the Applicant , and any applicable rules or standards
adopted by the Director in accordance with the provisions of ORS
285C.540 to
285C.559.
(6) Separate and Distinct Facilities. The
Director may issue only one Manufacturing BETC for each separate and distinct
facility under these rules. To determine if a facility is separate and
distinct, the Director will consider such factors as phases of development,
expansion of or additions to existing facilities or product lines, increased
production and number of jobs created or maintained by an Applicant .
Notes
Stat. Auth.: ORS 285C.540 - 285C.559, ORS 315.341, OL 2011, Ch. 474 HB2523
Stats. Implemented: ORS 285C.540-559, 315.341, OL 2011, Ch. 474 HB2523, OL 2012, Ch. 45 HB 4079
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