Or. Admin. Code § 123-668-3000 - REQUSITE OPENNESS & COMMUNICATION - Posted Agreements

For purposes ORS 285C.163 and 285C.407:

(1)

(a) A written agreement under ORS 285C.160 or 285C.403(4) between a business firm and an enterprise zone sponsor does not come into effect until it has been posted online for at least 21 days.

(b) The online posting shall be on the website of at least one cosponsor of the enterprise zone; and

(c) The zone co/sponsor is solely for responsible for determining: Appropriate place at website for posting, ways to draw attention to it, whether to extend posting beyond 21 days, otherwise making it or related information publicly available, any opportunity for public response, or the like.

(2) The posting in section (1) of this rule shall include but is not limited to:

(a) Explanation or introduction offering context; and

(b) The full text or at least all substantive parts of the written agreement, including but not limited to any requirement imposed on the business firm as described in OAR 123-668-2000 to 123-668-2500:

(A) As the agreement is at least expected to be executed consistent with section (3) of this rule; but

(B) With requisite redactions that:

(i) Prevent publicizing the firm's identity or any confidential, proprietary, or otherwise sensitive or legally protected data about parties to the agreement or proposed investment or operations of the firm.

(ii) Do not contravene legal provisions for public disclosure of the associated application for authorization or certification, once approved, or other public records, if requested, notwithstanding exemptions under ORS 285C.145(4) or other laws.

(3) At the time of posting in section (1) of this rule:

(a) Options for the current state of the agreement include but are not limited to its being:

(A) A final draft to which the sponsor and business firm might make limited changes after the 21 days;

(B) Fully finalized and taking effect, as is, on or after it is signed following the 21 days; or

(C) Executed but specifying a date when it becomes effective after the 21 days, whether for that or other reasons; and

(b) Likewise, specific resolutions described in OAR 123-668-2450 may or may not yet be adopted.

(4) This rule is not discernibly relevant for any other situation, except as described in subsection (1)(a) of this rule, but possibly for situations applicable to OAR 123-668-2000(2)(b) to (d) or otherwise, if somehow involving a/another written agreement:

(a) Between a business firm and the sponsor of an enterprise zone regarding use of the zone; and

(b) Suitable and understandable for posting on a local government website as described by this rule.

Notes

Or. Admin. Code § 123-668-3000

OBDD 14-2024, adopt filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.070, 285C.060(1), 285C.163(1)(b) & 285C.407(1)(b)

Statutes/Other Implemented: ORS 285C.160, 285C.163, 285C.403 & 285C.407