Or. Admin. Code § 471-070-3790 - Assistance Grants: Successor in Interest Rights and Responsibilities
(1) For the
purposes of ORS 657B.200 and this rule, an
employer is a total successor in interest when all or substantially all of the
components or parts of the business necessary to carry on day-to-day operations
and essential business functions in the same manner and for the same purposes
as carried on prior to the acquisition or transfer are transferred to or
otherwise acquired by the successor in interest.
(2) For the purposes of ORS
657B.200 and this rule, an
employer is a partial successor in interest when a distinct and severable
portion of the business necessary to carry on day-to-day operations and
essential business functions in the same manner and for the same purposes as
carried on prior to the acquisition or transfer is transferred to or otherwise
acquired by the successor in interest.
(3) Rights and responsibilities for
assistance grants shall be assessed as follows:
(a) When an employer becomes a total
successor in interest by acquiring a trade or business that has obtained an
assistance grant, the total successor in interest:
(A) Is liable for any remaining employer
contributions required under OAR
471-070-3750; and
(B) Maintains the grant history of the
acquired business. Any grants received or applied for before the ownership
transfer occurred count toward the successor in interest's annual limit under
ORS 657B.200.
(b) When an employer becomes a partial
successor in interest by acquiring a trade or business that has obtained an
assistance grant, the predecessor:
(A)
Maintains liability for any remaining employer contributions required under OAR
471-070-3750; and
(B) Maintains their respective grant history
of the partial acquired business.
Notes
Statutory/Other Authority: ORS 657B.200
Statutes/Other Implemented: ORS 657B.200 & 657B.320
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