Or. Admin. Code § 123-668-1700 - Authorization Filing Fee

For purposes of ORS 285C.140(1)(c):

(1) When applying for authorization under ORS 285C.140, an eligible business firm may be required to pay a fee that the sponsor of the enterprise zone has established:

(a) Up to the greater of:

(A) $200; or

(B) An amount not exceeding 0.1 percent of the total estimated cost of the firm's proposed investment in qualified property.

(b) In other words, the amount of the fee may always be as much as $200 for proposed investments of $200,000 or less and 1/1000th of the estimated cost for larger investments, even though sponsors may charge a fee that is less than the maximum allowed.

(2) The sponsor shall uniformly implement the requirement of an authorization filing fee according to a policy in place before receipt of an affected application, though not necessarily through written guidelines if the policy is simply and consistently executed.

(3) Written guidelines, however, are necessary for purposes of section (9) of this rule, or to define factors under which the requirement, waiver or amount of an authorization filing fee may fluctuate, in that the sponsor may vary the fee consistent with section (1) of this rule according to certain criteria or situational factors, such as the size or nature of the eligible business firm or its proposed investment.

(4) Failure by an eligible business firm to pay the required filing fee at the time the firm applies for authorization may be grounds for the local zone manager's refusal to process it on the sponsor's behalf.

(5) A zone sponsor that requires an authorization filing fee shall collect payment in U.S. funds with the application for authorization and issue a receipt.

(6) If either the zone sponsor or the county assessor denies the application of an eligible business firm for authorization under ORS 285C.140, the sponsor shall refund any payment of an authorization filing fee in full to the eligible business firm.

(7) If both the zone sponsor and the county assessor have approved an eligible business firm's application for authorization under ORS 285C.140, neither the zone sponsor nor the county assessor may later deny the eligible business firm's authorization, qualification or exemption because of failure to receive or collect payment of an authorization filing fee.

(8) If a business firm is denied an exemption under ORS 285C.170 or 285C.175, the zone sponsor is under no obligation to refund any amount of an authorization filing fee that was paid by the business firm, unless the business firm was authorized improperly or by mistake.

(9) A sponsor may formally provide that in paying the fee, all eligible business firms applying for authorization are required to commit in writing to later reconcile the fee amount, in the event that the actual cost of qualified property differs from the estimated cost by 25 percent or more, either by receiving a partial refund or by paying the sponsor an additional amount.

Notes

Or. Admin. Code § 123-668-1700

OBDD 26-2010, f. & cert. ef. 6-14-10; OBDD 13-2015, f. & cert. ef. 11/12/2015; OBDD 13-2023, amend filed 07/05/2023, effective 7/5/2023; OBDD 20-2023, minor correction filed 08/24/2023, effective 8/24/2023; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.140(1)

Statutes/Other Implemented: ORS 285C.140