justicedao/ipfs_state_laws huggingface dataset:
123-070-1000 Purpose and Scope (1) The purpose of this division of administrative rules is to implement ORS 461.740, under which business firms are required to enter into a First Source Agreement if benefiting from funds derived from the Oregon State Lottery through certain economic or community development programs, as determined by the Oregon Business Development Department. (2) Provisions of this division of administrative rules also apply to businesses benefiting under the following tax incentive programs, as provided by the relevant statutes: (a) The “Strategic Investment Program” under ORS 285C.600 to 285C.626 and 307.123, as specified in OAR 123-623; and (b) The standard exemption in “enterprise zones” under ORS 285C.050 to 285C.250, as specified in OAR 123-674. (3) Requiring Benefited Businesses to enter into a First Source Agreement is intended to help individuals, who are already receiving job training and assistance supported by public funds, by linking these individuals with private sector employment opportunities of businesses that: (a) Will be hiring in association with the receipt of public benefits; and (b) Should make a good faith effort to hire and retain such individuals, who are presumed to have low incomes or otherwise face disadvantages in finding employment. (4) First Source Agreements and this division of administrative rules are not intended to do the following: (a) Guarantee employment for any such individual; (b) Dictate the actual hiring by a Benefited Business; or (c) Necessarily accomplish other public or social objectives associated with employment opportunities. (5) As used in ORS 461.740(1), “good faith effort to hire and retain as employees low-income individuals who have received job training assistance from publicly funded job training providers” means the Benefited Business will reasonably honor the terms of the First Source Agreement entered into with the Contact Agency for local Providers. Statutory/Other Authority: ORS 285A.075, 285C.060(1), 285C.215(3) & 285C.615(7) Statutes/Other Implemented: ORS 285C.060, 285C.175, 285C.215, 285C.606 & 461.740 History: OBDD 31-2010, f. 6-30-10, cert. ef. 7-1-10 EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2009, f. 2-23-09, cert. ef. 2-24-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00, Renumbered from 123-070-0300 EDD 1-1996, f. 2-28-96, cert. ef. 3-1-96 EDD 8-1990, f. 4-13-90, cert. ef. 4-14-90 EDD 7-1989(Temp), f. & cert. ef. 10-17-89
123-070-1150 Affected Businesses For purposes of this division of administrative rules: (1) A Benefited Business means any for-profit business firm (regardless of its form of ownership or organization) that benefits directly or substantially from a state lottery-funded program, as indicated below in this section: (a) Any of the following programs, throughout this state, except as set forth in section (3) of this rule: (A) Oregon Business Development Fund (ORS 285B.050 to 285B.098); (B) Strategic Reserve Fund (ORS 285B.266); or (b) Any program financed by state lottery funds and administered by the Department, as so determined by the Director, including but not limited to industry development activities under ORS 285B.280 to 285B.286. (2) A Benefited Business also means either of the following, regardless if section (1) of this rule applies too: (a) An “authorized business firm” as defined under ORS 285C.050(2) for an enterprise zone exemption on qualified property from ad valorem taxation under 285C.175; or (b) A business firm approved to receive or receiving the partial exemption of property from ad valorem taxation as an eligible project of the Strategic Investment Program under ORS 285C.600 to 285C.626. (3) Regardless of association with a program in subsection (1)(a) or (b) of this rule, a business firm is not a “Benefited Business” solely because it receives any of the following from the Department, a grantee or any other entity: (a) A purchase order or contract to provide services; (b) Funds strictly for marketing or research activities; or (c) Any grant or loan of $100,000 or less. (4) Benefits substantially from any program by way of loan or grant financed by state lottery funds” as used in ORS 461.740(4)(a) and section (1) of this rule means that the business firm: (a) Receives benefits through infrastructure or facility improvements financed by an entity that is receiving state lottery-funded loan or grant assistance to immediately make such improvements; and (b) Was given prior notice from the Department or the entity that the First Source Agreement was a condition for the facility or infrastructure improvements or modifications arising from lottery funds. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.615(7) Statutes/Other Implemented: ORS 285C.050, 285C.060, 285C.175, 285C.215, 285C.606 & 461.740 History: EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2009, f. 2-23-09, cert. ef. 2-24-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00
123-070-1300 Administration for Lottery-Funded Projects (1) For the lottery-funded programs listed in OAR 123-070-1150(1)(a), the Department shall take anticipatory actions that are necessary and appropriate to implement the requirement of the First Source Agreement in accordance with ORS 461.740, which may include but are not limited to requiring a Benefited Business to submit a copy of the First Source Agreement, or otherwise ensuring that one has been entered into, before the grant or loan is ultimately awarded. (2) The responsibilities consistent with section (1) of this rule may be delegated by the Department to a grantee that is the direct recipient of lottery-derived funds and that provides the grant, loan or substantial benefits to the Benefited Business. Statutory/Other Authority: ORS 285A.075 & 285A.110(1) Statutes/Other Implemented: ORS 461.740 History: EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00, Renumbered from 123-070-0320 EDD 1-1996, f. 2-28-96, cert. ef. 3-1-96 EDD 8-1990, f. 4-13-90, cert. ef. 4-14-90 EDD 7-1989(Temp), f. & cert. ef. 10-17-89
123-070-1500 Waivers and Geographic Coverage of First Source Agreements (1) Except in the case of the Strategic Investment Program, the Director may issue a waiver that does the following: (a) Relieves a Benefited Business of the requirement of entering into the First Source Agreement, entirely; or (b) Excludes professional, managerial, technical, highly skilled or seasonal positions of a Benefited Business from the First Source Agreement. (2) The Director shall make the final decision to grant the waiver, upon written recommendation by staff that explains why: (a) The Benefited Business’s small size or the technical, professional or unusual nature of its needs with respect to employees means that it will be unable to fill positions with persons referred by the Providers, either in general or for the excluded positions, and will thus receive little or no meaningful service through the First Source Agreement; or (b) The waiver will further the goals or purposes of applicable and specified state policies, whether or not such policies are directly associated with the program. (3) A Benefited Business may request a waiver by the Department under this rule at the time of application for the grant or loan assistance, or before execution of the contract for such assistance, in the case of lottery-funded programs, or at any time prior to qualifying for an enterprise zone exemption. (4) Department staff will notify the Benefited Business and the Contact Agency for the geographic area in which the Benefited Business is located of the Director’s decision and send a copy of any approved waiver. Such notice and distribution shall also include other entities as described in OAR 123-674, as applicable for an enterprise zone exemption. (5) Except for an enterprise zone exemption, the First Source Agreement entered into by a Benefited Business shall apply only to the Benefited Business’s operations at the site receiving the benefit, unless other locations are: (a) Designated by the Department; or (b) Specifically agreed to by the Benefited Business and the Contact Agency. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.215(3) Statutes/Other Implemented: ORS 285C.060, 285C.215 & 461.740 History: OBDD 31-2010, f. 6-30-10, cert. ef. 7-1-10 EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00, Renumbered from 123-070-0330 EDD 1-1996, f. 2-28-96, cert. ef. 3-1-96 EDD 9-1991, f. 9-6-91, cert. ef. 9-9-91 EDD 8-1990, f. 4-13-90, cert. ef. 4-14-90 EDD 7-1989(Temp), f. & cert. ef. 10-17-89
123-070-1600 Duration of First Source Agreements For purposes of a First Source Agreement: (1) The term of agreement shall begin on or before the first date of any new hiring activity associated with employees for the benefited investment of the Benefited Business. (2) The term of agreement shall end, as follows: (a) Under state lottery-funded programs listed in OAR 123-070-1150(1), no less than 18 months from the date that the Benefited Business begins to request referrals under the First Source Agreement, unless a longer period is specified in the body of the First Source Agreement. (b) Under tax incentive programs listed in OAR 123-070-1150(2), when the property tax exemption period concludes, which shall occur: (A) On December 31 of the final year of exemption; or (B) Sooner, in cases where an enterprise zone authorization application or exemption claim is formally withdrawn, or the exemption is disqualified or terminated by the county assessor, and the Benefited Business either does not exercise or has exhausted its right to appeal the refusal, denial, disqualification or termination. (3) Nothing shall hinder or prevent a Benefited Business and a Contact Agency from mutually continuing to function under the arrangements of a First Source Agreement, even though the agreement is no longer in force, as stipulated by this rule. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.215, 285C.606 & 461.740 History: EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00
123-070-1800 Local/Case-Specific Modifications to the First Source Agreement For purposes of OAR 123-070-1700, the First Source Agreement may be modified or amended as follows, as long as such modification or amendment does not alter or nullify the clear expression or the intent of any provision in OAR 123-070-1700(1): (1) The Contact Agency or the Providers under the Interagency Agreement covering the geographic area in which the Benefited Business is located may add other substantive provisions or components to the First Source Agreement, but only through and pursuant to mutual consent by the Benefited Business, unless otherwise allowed in sections (2) or (3) of this rule or for data reporting as described in OAR 123-070-1900(4) and (5). (2) As initiated or agreed to by the Contact Agency and Providers, a locally developed model First Source Agreement may include provisions that are conditions for receiving local administered incentives that are in addition to state lottery or property tax benefits. Such conditions do not, however, affect the benefits of programs listed in OAR 123-070-1150(1) or (2). (3) With the consent and approval of the sponsor of an urban enterprise zone, the Contact Agency may add local conditions that are derived directly from the policy adopted by the sponsor under ORS 285C.150 to the regular format of the First Source Agreement that is used for the Benefited Businesses in that zone, and such additional provisions of the First Source Agreement shall be conditions for the enterprise zone property tax exemption consistent with the standards in the zone sponsor's policy. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.105, 285C.215, 285C.606 & 461.740 History: EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 1-2005, f. & cert. ef. 2-25-05 EDD 3-2000, f. & cert. ef. 2-1-00
123-076-0000 Purpose and Objectives The Oregon Business Development Department (“Department”) administers the Rural Opportunity Initiative Grant Program (“Program”) under authority provided by ORS 285A.227. Under the Program, and consistent with these rules, the Department will award grants to support entrepreneurs and small business growth in Rural Areas through development of their Entrepreneurial Ecosystems (“Projects”). Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0010 Definitions For the purposes of these rules, additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, the following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) “Economic Development District” has the meaning given that term in ORS 285B.636. (2) “Eligible Projects” are projects that work to support one or more of the components listed in 123-076-0010(3)(a)-(h) . (3) “Entrepreneurial Ecosystem” means a collaborative network of people, organizations and institutions who interact to convene, connect, and deploy resources within a given geography. The strength of the entrepreneurial ecosystem correlates with the degree to which its components are interconnected and support business growth. Commonly recognized components of an Entrepreneurial Ecosystem include : (a) Financial capital (the capital and lending options available to business); (b) Business support (the individuals, institutions and organization that help businesses start and grow); (c) Public policy (the laws and regulations that impact the ability to start and grow a business); (d) Markets (the consumers interested in a defined set of products and services); (e) Human capital (skilled workforce); (f) Infrastructure (physical spaces, institutions and online resources that help entrepreneurs connect with each other); (g) Research and Development; and (h) Culture (a thriving entrepreneurial ecosystem culture is characterized by inclusivity, trust and collaboration that allows entrepreneurs to quickly find what they need at each stage of growth). (4) “Lead Applicant” means an entity that submits an application for a Program award to complete a Project. Lead Applicants must satisfy the requirements set forth in OAR 123-076-0050. After receiving a Program award, Lead Applicants will be referred to as a “Recipient.” (5) “Rural Area” has the meaning given that term in OAR 123-001-0050. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0020 Request for Applications The Department will issue a Request for Grant Applications (“RFGA”) prior to awarding any grants under the Program. In compliance with these rules, the RFGA will set out the process for Lead Applicants to submit an application for Program grants and the process the Department will use to evaluate applications and make funding decisions. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0030 Application Requirements (1) In order to receive a Program grant, a Lead Applicant must submit an application that: (a) Is in the form required by the Department; (b) Contains or is accompanied by such information and documentation as the Department requires in the RFGA; (c) Contains a workplan that identifies the scope of work to be completed with Program funds and Project goals and metrics to be used to evaluate the Project’s success; (d) Demonstrates that the proposed Project activities will improve the Entrepreneurial Ecosystem for the Rural Area in Oregon which the Lead Applicant resides; and (e) Contains a Project budget. (2) Applications that do not include all required elements shall be determined to be nonresponsive and will be ineligible for a Program grant. (3) Satisfaction of the above requirements does not guarantee that an application will receive a Program award. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0040 Application Review (1) Applications will be evaluated by a grant review committee consisting of Department staff. The committee may also include community partners or other outside advisors invited by the Department. The committee will provide the Department with funding recommendations based on criteria set forth in these rules and the RFGA. The Department retains all funding award authority. (2) The committee will evaluate applications using an award rubric that results in a numeric rating for each of the following categories and any additional categories set out in the RFGA: (a) Reasonableness of budget and justification and alignment of budget with proposed activities; (b) Quality of Project goals and metrics to evaluate the Project’s success; (c) Experience and capacity of Lead Applicant and key individuals involved in the proposed Project to facilitate Entrepreneurial Ecosystem building; and (d) Evidence of stakeholder support. (3) After the committee completes the evaluation process, applications may be prioritized based on the committee’s scoring and any other factors set forth in the RFGA to make award recommendations. (4) The committee will make its recommendations to the Program manager for final award decisions. (5) The Department will provide a notice of intent to award to Lead Applicants that are selected for an award. (6) The notice of intent to award shall contain an offer of an amount for a grant and may contain conditions that the Recipient must satisfy prior to receiving a contract or grant funds. The Department may make an offer that is less than what was requested by the Lead Applicant. (7) If a contract has not been fully executed by all parties with 30 days of Recipient receiving contract documents, the Department may rescind its notice of intent to award and reallocate Program funds. (8) The Department will notify unsuccessful Lead Applicants. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0050 Eligible Lead Applicants (1) Lead Applicants must apply on behalf of three or more entities (including the Lead Applicant) that will serve as partners in completing the proposed Project. (2) Lead Applicants must be located in a Rural Area and be one of the following types of entities: (a) Federally recognized Indian tribe in Oregon; (b) Nonprofit entity organized under Section 501(c)(3) or 501(c)(6) of the U.S. Internal Revenue Code , that are registered with the Oregon Secretary of State; (c) Oregon city, county, or Economic Development District; (3) Educational institutions, as defined in ORS 702.005, may not serve as a Lead Applicant but may serve as an entity participating in the Project. (4) Lead Applicants will be responsible for receiving, managing, and reporting on Project activities and expenditures. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0060 Eligible Projects and Project Costs (1) Eligible Projects are Projects that are designed to improve the Entrepreneurial Ecosystem to support rural entrepreneurs and small businesses. (2) Eligible Project costs include the necessary and reasonable costs, as determined by the Department, to carry out the Project. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0070 Grant Contracts and Disbursement of Funds (1) The Department shall not disburse grant funds until the Department has executed a legally binding contract with the Recipient. (2) The contract will be in a form provided by the Department and shall contain terms and conditions the Department considers beneficial for the prudent and efficient administration of the Program, including compliance with all applicable laws and regulations. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-076-0080 Recipient Responsibilities Program Recipients will be responsible for the prudent administration and completion of the Project, shall comply with all terms set forth in the contract, and shall maintain accounts and records for all activities associated with their respective Project for a period of no less than six years after Project completion and shall provide the Department reasonable access to such records upon request. Recipients shall submit periodic reports on the Project as requested by the Department or specified in the RFGA or contract. Statutory/Other Authority: ORS 285A.227 Statutes/Other Implemented: ORS 285A.227 History: OBDD 6-2025, adopt filed 06/25/2025, effective 06/25/2025
123-080-0000 Purpose The Oregon Business Development Department (Department) through its Infrastructure Finance Authortiy (Authority) shall administer the state's participation in the federal Community Development Block Grant funding program authorized by 42 United States Code 5301 et. seq. (2) Oregon Community Development Block Grants (OCDBG) are funded by annual allocations to the state from the U.S. Department of Housing and Urban Development (HUD) and program income generated by the grants. The primary objective of the federal community development block grant program is "...the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income..." (Title I, Sec. 101(c), Housing and Community Development Act of 1974, as amended (42 United States Code 5301 et seq.)). The primary objective of Oregon's Community Development Block Grant program is to enhance the quality of life in Oregon communities. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 History: EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 3-2001, f. & cert. ef. 4-10-01 EDD 12-1999, f. & cert. ef. 10-11-99 EDD 2-1994, f. & cert. ef. 2-3-94 EDD 5-1991, f. & cert. ef. 5-24-91 IRD 8-1986, f. 6-30-86, ef. 7-1-86, Renumbered from 120-021-0000 IRD 2-1986(Temp), f. & ef. 1-14-86
123-080-0010 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply: (1) "Act": The Housing and Community Development Act of 1974, as amended. (2) "Applicant": A city or county which is applying for a grant from the OCDBG program. (3) "Entitlement jurisdictions": Metropolitan cities and urban counties, as defined in 42 United States Code 5302. (4) "Non-entitlement Area": All Oregon cities and counties, not including Indian Tribes, except those designated as entitlement jurisdictions by HUD. (5) "Recipient": A city or county which has been awarded a Community Development Block Grant. (6) "Slums and Blight": As defined in ORS 457.010 and 24 Code of Federal Regulations (CFR) 24 CFR 570.483(c). Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 History: EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 12-1999, f. & cert. ef. 10-11-99 ED 1-1995, f. 1-31-95, cert. ef. 2-1-95 EDD 2-1994, f. & cert. ef. 2-3-94 EDD 3-1993, f. & cert. ef. 3-30-93 EDD 5-1991, f. & cert. ef. 5-24-91 IRD 8-1986, f. 6-30-86, ef. 7-1-86, Renumbered from 120-021-0002 IRD 2-1986(Temp), f. & ef. 1-14-86