Or. Admin. Code § 340-017-0025 - Procedures For Final Tax Credit Certification

(1) Filing of Application:

(a) A written application for final tax credit certification shall be submitted to the Department on a form provided by the Department;

(b) Within 30 days of receipt of an application, the Department shall request any additional information that applicant needs to submit in order for the application to be considered complete. The Department may also require any other information necessary to determine whether the investment is in accordance with Department statutes, rules and standards;

(c) An application shall not be considered filed until all requested information is submitted by the applicant, and the Department notifies the applicant in writing that the application is complete and ready for processing;

(d) The application must be submitted between January 1, 1986 and December 31, 2001. Failure to file a timely application shall make the investment ineligible for tax credit certification;

(e) The application must be filed complete prior to December 31, 2001;

(f) An application may be withdrawn and resubmitted by applicant at any time between January 1, 1986 and December 31, 2001 without paying an additional processing fee, unless the amount of the investment has increased. An additional processing fee shall be calculated by subtracting the cost of the investment on the original application from the cost of the investment on the resubmitted application and multiplying the remainder by one percent;

(g) If the Department determines the application is incomplete for processing and applicant fails to submit requested information within 180 days of the date when the Department requested the information, the application will be rejected by the Department. If the applicant makes a written request for additional time to submit requested information, the Department may grant additional time so long as applicant is required to submit requested information by December 31, 2001.

(2) Commission Action:

(a) Notice of the Department's recommended action on the application shall be mailed to the applicant at least seven days before the Commission meeting where the application will be considered unless the applicant waives the notice requirement in writing;

(b) The Commission shall act on an application for certification before the 120th day after the filing of a complete application. Failure of the Commission to act constitutes approval of the application;

(c) The Commission may consider and act upon an application at any of its regular or special meetings. The matter shall be conducted as an informal public informational hearing, not a contested case hearing, unless ordered otherwise by the Commission.

(d) Certification:

(A) If the Commission determines that the investment is eligible, it shall certify the actual cost of the facility and the portion of the actual cost properly allocable to the investment made for the purpose of collecting, transporting or processing reclaimed plastic or manufacturing a reclaimed plastic product. Each certificate shall bear a separate serial number for each such facility;

(B) No determination of the proportion of the investment to be certified shall be made until receipt of the application;

(C) A certificate is effective for purposes of tax relief in accordance withORS 315.324 if investment was made on or after January 1, 1986 and before December 31, 2001;

(D) Certification under toORS 468.461 shall be granted for a period of five consecutive years. The five-year period shall begin with the tax year of the person in which the facility is certified under this section.

(e) Rejection: If the Commission rejects an application for certification, or certifies a lesser actual cost of the investment or a lesser portion of the actual cost properly allocable to the collection, transportation or processing of reclaimed plastic or to the manufacture of a reclaimed plastic product than was claimed in the application for certification, the Commission shall cause written notice of its action, and a concise statement of the findings and reasons therefore, to be sent by registered or certified mail to the applicant.

(3) Appeal: If the application is rejected for any reason, or if the applicant is dissatisfied with the certification of actual cost or portion of the actual cost allocated to the collection, transportation or processing of reclaimed plastic or to the manufacture of a reclaimed plastic product, the applicant may appeal as provided inORS 468.110. The rejection of the certification is final and conclusive on all parties unless the applicant appeals as provided inORS 468.110 before the 30th day after notice was mailed by the Commission.

Notes

Or. Admin. Code § 340-017-0025

DEQ 4-1986, f. & ef. 2-12-86; DEQ 29-1989(Temp), f. & cert. ef. 12-14-89; DEQ 7-1990, f. & cert. ef. 3-13-90; DEQ 6-1998, f. 4-24-98, cert. ef. 5-1-98

Stat. Auth.:ORS 468.150

Stats. Implemented:ORS 468.150 -ORS 468.190