Or. Admin. R. 123-690-2400 - Certification

For purposes of ORS 285C.403(3) to (6), following submission of the business firm's application for certification as described in OAR 123-690-2300:

(1) The signatures of the local zone manager and county assessor approving the certification application are not valid if either one occurs:

(a) After any facility property subject to the exemption under ORS 285C.409(1) has been placed in service;

(b) After June 30, 2025, the operational sunset date prescribed under ORS 285C.406(2)(a); or

(c) Before any of the following (unless formally reaffirmed afterwards):

(A) The commitments by the firm in the application to meet requirements under ORS 285C.412;

(B) The relevant written agreement and the corresponding letter of confirmation by the Department as described in OAR 123-690-2000;

(C) Any resolution by the sponsor or a cosponsor of the zone that authorizes or effects the written agreement in paragraph (B) of this subsection; or

(D) The requisite resolution or resolutions under ORS 285C.403(3)(a) by the county and city (if applicable) in which the Facility Site is located.

(2) Approval of the certification application may occur after:

(a) The effective date of the termination of the enterprise zone, except as described in subsection (1)(b) of this rule; or

(b) Commencement of applicable hiring or physical work on exempt facility property.

(3) Except as qualified in this rule and OAR 123-690-5200(2)(a), the local zone manager and the county assessor shall approve the certification application upon satisfaction of the criteria under ORS 285C.403(3):

(a) At that point the business firm is "certified," such that it is eligible for any of the exemptions under ORS 285C.409(1); and

(b) Within 30 days, the zone manager and assessor shall send the firm, the Department and the Department of Revenue copies of the approved certification application, executed written agreement, and any other attachment to the application or document related to certification.

Notes

Or. Admin. R. 123-690-2400

OBDD 29-2010, f. & cert. ef. 6-14-10; OBDD 11-2015, f. & cert. ef. 10/5/2015; OBDD 6-2020, amend filed 08/12/2020, effective 8/12/2020

Statutory/Other Authority: ORS 285A.075

Statutes/Other Implemented: ORS 285C.403, 285C.406, 285C.409 & 285C.412