Transit services projects must be completed prior to applying for a final
certification. An applicant must submit amendments to preliminary
certifications prior to or at the time of submission of the final certification
(2) The department
will not review applications for final certification received after the
expiration of the preliminary certification or without the final review
(3) The applicant must submit
the application on the current department-issued form and all sections must be
The department will
review the application, and may conduct an inspection, to verify:
(a) That the transit services project was
(b) Compliance with
statute, rules, the relevant Opportunity Announcement and the preliminary
(c) Compliance with
state and local regulations, including required licenses and permits.
(d) That the transit services project was
maintained and operated for the period specified in the preliminary
The costs for
performance of the project were paid in full.
The applicant must verify the actual
costs of the project by providing an attestation of costs provided by a
certified public accountant or a copy of a completed audit, in compliance with
federal Office of Management and Budget Circular A-133 as in effect on June,
2010 or if the cost is less than $50,000 the applicant must submit copies of
receipts for the project.
(i) The certified
public accountant cannot be the project owner, nor permanently employed by the
project owner or pass-through partner.
(ii) Receipts for proof of payment may
include canceled checks, credit card statements, binding contracts or
(iii) The department may
waive the requirement for a certified public accountant attestation of costs if
the entity has been the subject of an audit conducted within the two years
prior to the date at which the final application is received and the audited
accounts include the costs of the transit services project.
(B) The application must demonstrate that
contract or loan agreements directly related to the project are not in default.
(C) The application must include
information regarding all incentives and grants, regardless of source, applied
for or received in connection with the project.
(f) Other information the director considers
(5) If an
application for final certification does not include all information needed to
complete the final certification review, the department may ask the applicant,
in writing, to submit additional information. If the department does not
receive the requested information within 30 calendar days of the date of the
notice, the department may deny the application for final
(6) The department
will notify the applicant, in writing, if the department denies the application
during final review. An applicant may submit a written request for
reconsideration within 60 days after the department issues a decision on a
department will issue a final certification upon verification that performance
of the transit services are complete and that the project complies with
statute, rules, the relevant Opportunity Announcement, the preliminary
certification and any other applicable requirements.
(a) The department may certify a lesser tax
credit amount than approved in the preliminary certificate, but may not certify
a greater amount.
(b) The sum of
any state or federal funding and the tax credit may not exceed final project
(c) If the final
certification review determines that the final costs are less than the
information submitted by the applicant during the allocation of tax credits,
the department may reduce the amount of tax credit certified.
The department will send a
written notification to the applicant of its decision whether to issue a final
certification within 60 days after the department receives a complete
application for final certification. If more than 60 days pass from the date
the applicant submits a complete application and the applicant has not received
a written decision from the department, then the application is rejected and no
further action will be taken. Any time required to provide additional
information as provided in OAR 330-225-0100
(5) is not included in this 60 day