Or. Admin. R. 330-225-0090 - Amendments to Preliminary Certifications

(1) The applicant must notify the department of any changes to the project described in the application for preliminary certification.

(2) An applicant must declare all changes to the transit services by the time the department receives the final certification application. Undeclared changes found in the application for final certification or through later inspection may result in denial of final tax credit certification.

(3) The applicant must submit an amendment request to the director to amend a transit services preliminary certification for any changes to the project.

(4) Applicants must submit amendments on the form specified in the Opportunity Announcement.

(5) The applicant must demonstrate that the transit services project, with the proposed change, would continue to be technically feasible and would operate as represented. The applicant has the responsibility to provide an amendment request with complete documentation that will support a case for the proposed amendment. The department may deny amendments submitted without such justification.

(6) An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate.

(7) If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days, the department may deny the request to amend the preliminary certification.

(8) Requests for amendments must include payment of the appropriate fee. The department may accept non-substantive changes, such as change of contact information, without payment of the fee.

(9) The department will decide whether to approve the amendment request.

(a) If approved, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements.

(b) If denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request.

Notes

Or. Admin. R. 330-225-0090

DOE 5-2012, f. & cert. ef. 6-11-12

Stat. Auth.: ORS 469.040 & 469B.347

Stats. Implemented: ORS 469B.320-469B.347, 315.336 & OL 2012 Ch. 45