Or. Admin. Code § 123-674-3200 - Amending the Application/Authorization
For purposes of amending an application before or after its approval:
(1) To substantively modify
the Application, such that it reestablishes what might be exempt as described
in OAR 123-674-3100, the Firm/applicant
must formally deliver the amendment on or before December 31 preceding the
initial year of actual exemption, including but not limited to a late filing
under ORS 285C.220(9), in
order to:
(a) Change the Firm/applicant to
that of another eligible business firm that has or is purchasing or leasing
only qualified property of the Firm/applicant in contrast to subsection (3)(c)
of this rule;
(b) Revise the
location of the property inside the same enterprise zone; or
(c) Add a structure or basic type of property
absent from the Application, or distinct projects or operations entailing
substantial new development.
(2) The Firm/applicant shall do so by
furnishing to the local zone manager and county assessor:
(a) A written explanation that is identified
as an amendment, addendum, correction or the like in reference to the
Application;
(b) Edits or revisions
made directly to previously submitted materials; or
(c) A new, replacement Application as allowed
in OAR 123-674-2100(2).
(3) Amendment is strongly
encouraged at any time, even if unnecessary to secure exemption on particular
property, whenever information in the submitted Application is significantly
inaccurate due to:
(a) An error or
omission;
(b) A change in plans;
or
(c) New name or mailing address
of the Firm/application, because of the company's restructuring or its
ownership changing hands, in which case the relevant rights and requirements of
authorization automatically transfer along with ownership of the firm;
or
(d) Similar reasons.
(4) An authorization renewal
statement under ORS 285C.165 shall revise all
information in the Application that is no longer accurate, especially with
respect to anticipated timing for the investment (see OAR
123-674-3700).
(5) Once the Firm/applicant is authorized, an
amendment may not be used to make or alter a determination, waiver, extension
or the like under ORS
285C.150,
285C.155,
285C.160,
285C.200(2) or
285C.205.
(6) Within 30 days of receiving an amendment
to a previously approved application, the zone manager shall see in accordance
with OAR 123-674-2500(5)
that:
(a) The Firm/applicant is informed of
the amendment's acceptance or of any further issue;
(b) The local contact agency for the First
Source Hiring Agreement is apprized, as relevant, of changes to the firm or its
location; and
(c) The Department of
Revenue and the Department are sent copies.
Notes
Statutory/Other Authority: ORS 285A.075 & 285C.060(1)
Statutes/Other Implemented: ORS 285C.140, 285C.145, 285C.165, 285C.180 & 285C.220
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