Or. Admin. Code § 123-674-1700 - Headquarter Facilities
For purposes of ORS 285C.135(5)(b):
(1) A Firm/applicant and its operations are
eligible, regardless of retail, financial, professional or other such
ineligible activities, if:
(a) The business
is operating substantially at two or more locations including at least one
place outside of the enterprise zone;
(b) The operations in the zone support and
serve the firm's other operations or commercial pursuits throughout this state
or throughout a multiple-state or larger region consistent with section (5) of
this rule; and
(c) In approving the
Application, the local zone manager includes on behalf of the sponsor pursuant
to the Preauthorization Conference under ORS 285C.140(7) a formal finding that:
(A) Describes how the proposed investment and
the business firm will satisfy subsections (a) and (b) of this section,
including indications of applicable services, relevant region and the
relationship among intra-firm operations; and
(B) Asserts that the proposed investment is
significant for the enterprise zone and the local economy, succinctly
explaining the reasons for this significance, such as the size of proposed
operations relative to local measures of commerce, special job opportunities,
diversification, strategic, marketing or visibility objectives of the zone, or
other impacts.
(2) As required under ORS 285C.180(2)(g), the
business firm may not qualify for the exemption under ORS 285C.175, if the
actual investment in qualified property does not substantively correspond to
what was proposed in or with the Application. In determining if an actual
investment is significantly inconsistent with such descriptions, relevant
factors for the zone sponsor and county assessor to consider include but are
not limited to:
(a) Is total cost of
investment comparable to estimated costs? ..., which under ORS 285C.185(2) is a
matter only of relative amounts;
(b) Is the configuration and size of the
building(s) similar to what was communicated or documented? ...;
(c) Did the timing of construction and
installation of machinery & equipment approximate what was anticipated?
...;
(d) Will the facility
undertake basically the same administrative, engineering or other (professional
service) functions as proposed and otherwise fulfill the finding pursuant to
paragraph (1)(c) of this rule? ...; or
(e) Is facility employment for purposes of
section (4) of this rule like what was predicted?
(3) The local zone manager shall include the
formal finding as part of the approved Application and may modify it prior to
an authorized business firm qualifying for the exemption, consistent with an
amendment for OAR 123-674-3200.
(4)
For purposes of OAR 123-674-4000 to 123-674-4800, as provided under ORS
285C.200(7)(b)(B), only the employees working at a facility described in this
rule are counted consistent with OAR 123-674-0200(3)(a), and as such, employees
of the firm that are transferred to the facility from locations already in the
zone may count toward the facility's requisite increase in
employment.
(5) The main commercial
pursuit of a business firm may itself be ineligible under ORS 285C.135(1) and
(2), but if so, then a facility described in this rule may not be used
significantly to carry out such operations, for example, as a center or base of
activities or staff that provide services to customers. Rather, the facility
must serve the firm's internal needs with administration, logistics and so
forth.
Notes
Statutory/Other Authority: ORS 285A.075 & 285C.060(1)
Statutes/Other Implemented: ORS 285C.135, 285C.140, 285C.180 & 285C.200
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