Or. Admin. R. 123-674-7220 - Effect of Event of Noncompliance

Upon an Event of Noncompliance:

(1) In the case where an authorized business firm is not yet qualified, the county assessor shall deny exemption under ORS 285C.170 or 285C.175.

(2) In the case where the firm is receiving or has received the exemption, the Event of Noncompliance shall cause retroactive disqualification (see OAR 123-674-6400).

(3) In response to or in anticipation of such denial or disqualification, the assessor shall give notice that:

(a) Is sent to the firm and is copied to the zone sponsor, the Department of Revenue and the Department;

(b) Provides the firm with an explanation of the action and includes copies or descriptions of the evidence for the Determination; and

(c) Explains how the firm may appeal the action, anticipated action or tax collections to the Tax Court under ORS 305.404 to 305.560, for which the firm's right to directly do so is in no way infringed by this or any administrative rule or prevented under ORS 285C.200(7).

(4) The county assessor may reverse a decision or action in section (1) or (2) of this rule, for reconsideration of an issue listed in OAR 123-674-7250(1) or a successful appeal that negates the Determination. As necessary to effect a reversal for this section, the assessor may reinstate the exemption and refund taxes paid on qualified property to the firm consistent with provisions of ORS Chapter 311.

(5) If the Determination is appealed by the business firm through administrative or judicial channels under the law in question, then the assessor may indefinitely suspend disqualification in section (2) of this rule, such that:

(a) If the business firm prevails in the appeal, then the exemption is unaffected; or

(b) If the business exhausts, withdraws or effectively fails in its pursuit of such appeal, then the action takes effect. In such a case, the assessor may add interest to any back taxes during the intervening period for the appeals process, until the next general property tax roll, consistent with provisions of ORS Chapter 311.

(6) In addition, if the firm is taking good faith actions to fully cure the Noncompliance in accordance with OAR 123-674-7240, the firm may make a one-year (nonrefundable) payment in lieu of disqualification in section (2) of this rule, as described in OAR 123-674-6600 to 123-674-6630, while the effectiveness of such cure is still pending.

Notes

Or. Admin. R. 123-674-7220

OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 15-2012, f. & cert. ef. 8-15-12; OBDD 14-2016, f. & cert. ef. 9/16/2016; OBDD 8-2020, amend filed 08/12/2020, effective 8/12/2020

Statutory/Other Authority: 285C.060(1), ORS 285A.075 & 285C.200(7)

Statutes/Other Implemented: ORS 285C.125 & 285C.200