123-623-1600 Consideration and Approval (1)(a) The Department shall review each Application; and (b) Only after deeming that information in OAR 123-623-1500 and 123-623-1525 or 123-623-1550 is completely and accurately provided (except potentially for pending materials or information, of which the Department is reasonably assured of receipt), shall the Department make a recommendation to the Commission (subject to actual receipt of any pending material or information). (2) In evaluating an Application, the Commission shall hold at least one meeting open to the public, at which the matter is an agenda item for discussion, and for which the Department has made appropriate and customary public notice. At the meeting, the Commission may: (a) Invite oral statements or written comments from the public; and (b) Have the Applicant appear in order to give a statement and to answer questions of Department staff or members of the Commission, exclusively. (3) The Commission may dispense with some or all of the elements in section (2) of this rule, as otherwise permitted under ORS Chapter 192, in light of extenuating circumstances. (4) Pursuant to evaluation of the Application, the Applicant’s proposed investment(s) are determined to be an eligible project for Abatement if the Commission finds that: (a) The project will satisfy the criteria for eligibility as established by prior resolution of the Commission or in this division of administrative rules; (b) The project will directly benefit a traded sector industry; (c) The Total Cost of investments in property comprising the proposed project will equal or exceed the minimum amount described in section (5) of this rule by the time that the Abatement would begin; (d) The project will not consist of any property formerly or currently exempt under ORS 285C.175 and the Applicant is not an authorized business firm for any investment at the exact same location in an enterprise zone, unless there will be a demarcation between such qualified property and property subject to the Abatement that is clear enough for proper valuation and tax administration; (e) The Applicant is not subject to an outstanding suspension under ORS 285C.615(3), as described in OAR 123-623-4000(6), or under ORS 307.123(7); and (f) The Applicant has agreed to comply with any additional reasonable conditions imposed by the Commission related to the Strategic Investment Program, including requirements that continue for the term of the Abatement. (5) At a minimum, the expected Total Cost of a project under ORS 285C.606(1)(c) must be: (a) For a Commission determination before the CPI-U/W for 2024 in 2025: (A) $40 million; or (B) $150 million in the case of an Urban Project. (b) For later determinations, an amount that is: (A) Evenly divisible by $100,000; and (B) Closest to the product of the respective figure in paragraph (a)(A) or (B) of this section multiplied by the greater of one or one plus the percent change between the annual average of: (i) The CPI-U/W for 2023; and (ii) The most recently available CPI-U/W. (6) Notwithstanding suspension of the determination as provided under ORS 285C.615(3) and 307.123(7), once the Commission has taken formal action to authorize the Abatement, the Commission’s determination is final, and the Commission may reverse, rescind or withdraw it only by formal finding of a material error or omission among submitted Application information or a noncompliance with criteria described or referenced in this rule. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600 – 285C.635 & 307.123 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1600 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04, Renumbered from 123-023-0451 Reverted to EDD 7-1999, f. & cert. ef. 9-30-99 EDD 12-2002(Temp), f. & cert. ef. 6-5-02 thru 11-29-02 EDD 7-1999, f. & cert. ef. 9-30-99