justicedao/ipfs_state_laws huggingface dataset:
123-022-0100 Standards and Criteria The Oregon Small Business Development Center Network office shall use the following criteria to evaluate applicants work plans: (1) The number of small business clients to be served through one-to-one counseling and training programs as set out in the work plans; (2) Special needs based upon geographic location or special populations to be served. (3) The quality and the extent to which the work plan meets the needs of small business clients in the service area. (4) Alignment with the Department’s job creation and retention definitions, policy and reporting methodology; (5) Alignment with Department strategic goals and focus on key industries Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.340 - 285A.349 & 285B.165 - 285B.180 History: OBDD 1-2018, amend filed 01/18/2018, effective 01/18/2018 EDD 23-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 6-1998, f. & cert. ef. 4-22-98
123-022-0110 Project Administration The Department shall designate one of the small business development centers to coordinate the activities of all small business development centers. The desginee shall review the applications and work plans, disburse the grant funds, and manage the Oregon Small Business Development Center Network office. In making the designation, the Department shall consider the recommendations of others providing substantial financial support to the Oregon Small Business Development Center Network. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.340 - 285A.349 & 285B.165 - 285B.180 History: OBDD 1-2018, amend filed 01/18/2018, effective 01/18/2018 EDD 23-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 6-1998, f. & cert. ef. 4-22-98
123-024-0001 Scope and Purpose In accordance with ORS 285A.020(5), the department shall give priority when providing funding for a project, a program or activity, to counties, cities, communities or other geographic areas that are designated as distressed by the department. The designation of distressed areas must be based on indicators of economic distress, including but not limited to unemployment, poverty and job loss. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.020, 285A.075, 285B.062 & 285B.065 History: OBDD 2-2013, f. 3-29-13, cert. ef. 4-1-13 EDD 27-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 10-2008(Temp), f. & cert. ef. 3-20-08 thru 9-15-08 EDD 12-2007(Temp), f. & cert. ef. 9-21-07 thru 3-18-08 EDD 12-1998, f. & cert. ef 8-14-98
123-024-0011 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001 The following terms shall have the following definitions, unless the context clearly indicates otherwise: "City" means the area within the corporate limits of any incorporated city in Oregon. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.020, 285A.075, 285B.062 & 285B.065 History: OBDD 5-2019, amend filed 03/01/2019, effective 03/01/2019 OBDD 3-2014, f. 2-28-14, cert. ef. 3-3-14 OBDD 3-2013, f. 3-29-13, cert. ef. 4-1-13 EDD 24-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 27-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 10-2008(Temp), f. & cert. ef. 3-20-08 thru 9-15-08 EDD 12-2007(Temp), f. & cert. ef. 9-21-07 thru 3-18-08 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1998, f. & cert. ef. 8-14-98
123-024-0021 Distressed Area List At least once per biennium, the department will review the economic conditions in Oregon and prepare a list of distressed areas. The distressed area list on file with the department's Director's Office is adopted as part of these rules by reference. The department will make the distressed area list available to all interested parties. A copy of the distressed area list, as well as further information related to the methodology described in OAR 123-024-0031 and so forth, may be obtained from the Director's Office, Oregon Business Development Department, State Lands Building Suite 200, 775 Summer Street NE, Salem, Oregon 97301-1280. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.095, 285B.062 & 285B History: OBDD 2-2013, f. 3-29-13, cert. ef. 4-1-13 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 12-1998, f. & cert. ef. 8-14-98
123-024-0046 Temporary Methodology for Determining Distressed Areas The following methodology will be used to determine temporarily distressed areas when economic distress is abundant throughout the state of Oregon. (1) State Temporary Distressed Test: In a given month, if Oregon’s unemployment rate exceeds 8.0%, the County Temporary Distressed Methodology will be used. (2) County Temporary Distressed Test: In a given month, if Oregon’s unemployment rate exceeds 8.0% and if the county’s unemployment rate exceeds 8.0%, the county is considered temporarily distressed. (a) When a temporarily distressed county’s unemployment falls below 8.0%, it will remain distressed for 180 days or until the regular distressed communities list is published, whichever is less. (b) All places and cities within a temporarily distressed county are considered distressed. (3) Any county that is unable to pass the County Temporary Distressed Test is not considered to be temporarily distressed. All cities or places within a county that is unable to pass the County Temporary Distressed Test may seek temporary distressed status by filing a temporary distressed petition defined in OAR 123-024-0031(3). (4) Temporary Distressed Petition: Any city or place not considered distressed may submit a formal petition asking for temporary distressed status in accordance with OAR 123-500-0031(3) (a) Temporary distressed petitions will describe in narrative form local conditions that warrant temporary distressed status. (b) Local conditions may include, but are not limited to, first-source anecdotal discussions of changes in employment, temporary lay-offs, furloughs, firm closures, firm idlings, reduced sales revenue, home foreclosure rates, welfare assistance, and unemployment assistance. (c) The temporary distressed status granted under the petitions will last no longer than 180 days or until the normal distressed communities list is published. (5) If Oregon fails to pass the State Temporary Distressed Test, the regular distressed communities’ methodology will be used in December of the same year. The distressed communities list will be published at this time. All counties, cities, and places will maintain their temporary distressed status until the distressed communities list is published. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.020, 285A.075, 285B.062 & 285B.065 History: OBDD 2-2013, f. 3-29-13, cert. ef. 4-1-13 EDD 24-2009, f. 11-30-09, cert. ef. 12-1-09
123-025-0005 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Planning and Marketing Fund program authorized by ORS 285A.654 through 285A.660. Statutory/Other Authority: ORS 285A.075(5) Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: Reverted to EDD 1-2002, f. & cert. ef. 1-30-02 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02 Reverted to EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-2001(Temp), f. & cert. ef. 7-13-01 thru 1-9-02 EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-1987, f. & ef. 10-9-87 EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85
123-025-0010 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. The following terms will have the following definitions, unless the context clearly indicates otherwise: (1) "Fund" means Port Planning and Marketing Fund. (2) "Peer Review Committee" means a committee of Oregon port representatives, as determined by the authority. The Peer Review Committee shall: (a) Recommend standards and priorities for typical Port Planning and Marketing Fund projects; (b) Review and evaluate Port Planning and Marketing Fund proposals submitted to the authority for possible funding; and (c) Review and evaluate project deliverables as described in the grant contract prior to disbursal of final payment. (3) "Project" means any activity that is eligible for assistance from the Port Planning and Marketing Fund. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02 Reverted to EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-2001(Temp), f. & cert. ef. 7-13-01 thru 1-9-02 EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-1987, f. & ef. 10-9-87 EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85
123-025-0012 Annual Funding of Program The authority will transfer up to 5.00% of the assets of the Port Revolving Fund, not to exceed the annual accrued net income from the Port Revolving Fund into the Port Planning and Marketing Fund annually as calculated on receipt of the Fund Audit each year. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04
123-025-0015 Project Eligibility and Criteria A planning or marketing project that meets the following criteria is eligible for assistance from the fund: (1) The project is necessary for improving a port’s capability to carry out its authorized functions and activities relating to trade and commerce; (2) The project is feasible and will produce measurable results; (3) The project will promote the long-term economic self-sufficiency of the port and will encourage cost-effective investments guided by prudent financial consideration and review; (4) The project has a single focus and does not attempt to accomplish multiple disjointed or unrelated outcomes or tasks; (5) The applicant has met the strategic planning requirements in 123-025-0016; and (6) The project meets the standards and criteria as set by the authority and Peer Review Committee in this division of administrative rules. Statutory/Other Authority: ORS 285A.075(5) Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 Suspended by EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02 Reverted to EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-2001(Temp), f. & cert. ef. 7-13-01 thru 1-9-02 EDD 6-1997, f. & cert. ef. 4-25-97 EDD 5-1987, f. & ef. 10-9-87 EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85
123-025-0016 Strategic Business Plan Requirements (1) Ports formed under ORS 777 shall develop and maintain strategic business plans before obtaining authority funding for other projects. This requirement will be phased in over several years. Ports must have a formally adopted strategic business plan that meets the standards and requirements of the authority identified in the Statewide Ports Strategic Business Plan. (2) The Ports Statewide Strategic Business Plan was adopted by the Oregon Business Development Commission on January 29, 2010. Ports must have their plan in place within three years after the adoption of the Statewide Ports Strategic Business Plan in order to obtain financial assistance from the authority. The strategic business plans required under this rule shall be updated at least every ten years. (3) Exceptions may be made by the Board for funding to Ports without a strategic business plan if: (a) A concerted effort is made by the port to begin drafting a strategic business plan based on the department’s template that meets the requirements of the Statewide Ports Strategic Plan for adoption by the Board; (b) During the phase in period of a project if the project complies with the recommendations of the Statewide Ports Strategic Plan; (c) An extension of the three year deadline may be granted by the Board if a port is actively working to develop a department approved plan. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11
123-025-0017 Application Submittal, Review and Approval (1) An eligible port may submit an application after consulting with the authority on a preliminary determination of eligibility and otherwise follow the authority’s s procedures for submitting applications. The application must be in the form provided by the Authority and must contain or be accompanied by such information as the authority may require. The authority will process only completed applications. (2) Upon receipt of a signed application the authority will within 14 days notify the port as to the status of the application and advise the port of any missing materials or incomplete application detail. (3) Upon receipt of a completed application the authority will apply the following criteria to determine the project’s eligibility: (a) The project is cited in or conforms to a port’s adopted strategic business plan required under OAR 123-025-0016 and approved by the authority and the Peer Review Committee. (b) The project is not an unnecessary duplication of marketing efforts among ports. However, it is recognized that regional or cooperative projects may require ports to simultaneously perform similar tasks; (c) The project does not subsidize regular port operating expenses; (d) The project will not require or rely upon continuing subsidies from the authority or department; (e) Financial need may be a consideration when reviewing a project proposal for funding; and, (f) The requirements set out in OAR 123-025 are met. Should cite where these requirements are. (4) Once an application is considered complete the authority will, within 60 days approve or reject the application. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02
123-025-0021 Project Funding Priorities (1) At the beginning of each state fiscal year the authority and the Ports will make reasonable efforts to identify and initiate high priority projects. Funding of up to 50% of that year's transfer of funds will be reserved exclusively for high priority projects for the first four months of the state fiscal year, after which it will become available for any eligible project. (2) Projects to develop or update the strategic business plans as required under OAR 123-025-0016, or port marketing or financial plans, undertaken before the provisions of ORS 123-025-0016, will be given the highest priority. (3) Other high priority projects are: (a) Regional or cooperative projects that benefit more than one port; (b) Projects that leverage other marketing and development efforts by the state or other government units; (c) Projects leading to economic diversification, development of a new or emerging industry or redevelopment of existing public facilities. (d) Priority will be given for immediate job or revenue creation projects. Other opportunities not cited in a port’s adopted strategic business plan may be given priority, provided that the port consults with the authority and the Peer Review Committee and, if required to do so by the authority, the ruling body of the port acts to amend its strategic business plan. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02
123-025-0023 Temporary rule language in effect until 06/30/2026. Grant Awards and Match (1) The maximum grant is 75% of the total project cost. (2) Grants will be awarded only when there are sufficient funds available in the fund. Statutory/Other Authority: ORS 285A.075 & HB 2415 (2025) Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 2-2026, temporary amend filed 01/02/2026, effective 01/02/2026 through 06/30/2026 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 15-2004, f. & cert. ef. 8-2-04 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02
123-025-0025 Project Administration (1) The authority and the port must execute a grant contract prior to disbursal of grant funds. (2) Documentation of project costs incurred by a port must be submitted to the authority prior to disbursal of funds. (3) Disbursal of grant funds to a port will not exceed one disbursal per month. The final disbursement request will be withheld until the Peer Review Committee reviews and recommends approval of the appropriate grant contract deliverables of the project. (4) Upon request the port must provide the authority with a copy of documents, studies, reports, and materials developed during the project, including written report on activities or results of the project, or any other information that may reasonably be requested by the authority. (5) Prior to final disbursement, the Peer Review Committee will review all documents produced as a result of the project. The committee will evaluate and make recommendations to the authority on value of resulting document(s) and how closely the project delivered the outcome anticipated in the application. (6) Any monies disbursed but not used for an approved project, must be returned to the authority. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: OBDD 2-2014, f. 2-28-14, cert. ef. 3-3-14 OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11 EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 5-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 5-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02 Reverted to EDD 5-1987, f. & ef. 10-9-87 EDD 5-2001(Temp), f. & cert. ef. 7-13-01 thru 1-9-02 EDD 5-1987, f. & ef. 10-9-87 EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85
123-025-0030 Remedies The authority may seek legal remedies against ports that fail to comply with the requirements governing the fund. Remedies will not be imposed by the authority until the port has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.654 - 285A.660 History: EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 17-2008, f. & cert. ef. 6-4-08 Reverted to EDD 5-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08 EDD 5-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 15-2004, f. & cert. ef. 8-2-04 EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 1-2002, f. & cert. ef. 1-30-02
123-027-0035 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Marine Navigation Improvement Fund authorized by ORS 777.262 to 777.267. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 777.262 - 777.267 History: Reverted to EDD 5-1993, f. & cert. ef. 4-19-93 EDD 7-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 5-1993, f. & cert. ef. 4-19-93
123-027-0040 Definitions For the purposes of these rules, the following terms will have the following definitions, unless the text clearly indicates otherwise: (1) "Federally authorized project" means a project that has been authorized or qualifies for federal funding from the United States Army Corps of Engineers. (2) "Non-federal project" means a navigation project that is eligible under these rules but does not qualify for federal funding from the United States Army Corps of Engineers. (3) "Fund" means the Marine Navigation Improvement Fund. (4) "Project" means studies, necessary permits, dredging, acquisition, modification and maintenance of dredge disposal sites and construction of a new navigation improvement project that is sponsored by a port and is eligible for assistance from the Fund. A project can be either a federally authorized project or a non-federally authorized project. (5) "Non-Federal Share" means that portion of a project cost not paid for by the United States Army Corps of Engineers. (6) "New Navigation Improvement Project" means, for the purpose of ORS 777.267(1)(b) a water project that directly supports, or provides access to, a federally authorized navigation improvement project or a federally authorized navigation channel. To be characterized as 'new', the dredging activity must go beyond previously maintained improvements such as deeper channel depths or wider breadth of area being served. However, "New Navigational Improvement project" does not include dredging deeper than the depths of the federally authorized navigation improvement project. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 24-2004, f 10-25-04, cert. ef. 11-8-04 EDD 22-2004, f. & cert. ef. 8-19-04 Reverted to EDD 14-2002, f. & cert. ef. 6-21-02 EDD 7-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 14-2002, f. & cert. ef. 6-21-02 EDD 5-1993, f. & cert. ef. 4-19-93
123-027-0050 Project Eligibility, Priority and Funding (1) To be eligible for funding, Federally Authorized Projects must meet the following criteria: (a) The project is federally authorized; (b) The project is listed in the Port's business or strategic plan; and (c) The project has confirmed positive benefit/cost ratios as required by the National Economic Development Plan and has completed all federally required studies. (2) First priority for assistance from the Fund shall be given to eligible Federally Authorized Projects. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 2-2006, f. & cert. ef. 2-10-06 EDD 22-2004, f. & cert. ef. 8-19-04 Reverted to EDD 14-2002, f. & cert. ef. 6-21-02 EDD 7-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 14-2002, f. & cert. ef. 6-21-02 EDD 5-1993, f. & cert. ef. 4-19-93