justicedao/ipfs_state_laws huggingface dataset:
123-200-1500 Denial and Decertification of MBE, WBE, and VBE Firms (1) The COBID may deny or decertify a firm at any time it determines that the firm does not or no longer meets the eligibility standards set out in OAR 123-200-1000 through 123-200-2300 and ORS 200.005. The procedure is as follows: (a) In the case of denial of initial certification, the COBID will notify the applicant in writing of the denial and provide a detailed explanation supporting the reasons for denial. (b) In the case of decertification, the COBID shall issue a Notice of Intent to Decertify the firm 21 days prior to the date of decertification and provide a detailed explanation to support the reasons for the determination. (c) In the event of a denial or decertification, the applicant or certified firm has 21 calendar days from the date of notice in which to submit a written appeal to the manager of the COBID. Following the review of the applicant’s written appeal, the manager of the COBID will issue a decision. (d) If the applicant or certified firm does not agree with the manager’s decision, he or she may request a contested case hearing. The COBID will conduct a contested case hearing in accordance with ORS 183.310 to 183.550. Following the contested case hearing, the Hearings Officer will forward a proposed order to the manager of the COBID for issuance of a final order. (e) If the applicant or certified firm files an appeal in writing or requests a contested case hearing, the COBID will stay the denial or decertification pending the issuance of the final order. If the applicant or certified firm does not submit a written appeal or request for a contested case hearing to the COBID within the 21-day period, the denial or decertification shall be final. (2) The COBID may decertify a firm if the qualifying individual leaves the business or dies. (3) An individual may withdraw his or her application or certification if he or she no longer wishes to participate in the program. The applicant must complete a notarized withdrawal form provided by the COBID. (4) Any business denied initial certification is ineligible to reapply for a period of 12 months. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.005 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13
123-200-1600 Emerging Small Business (ESB) Certification Procedures — Eligibility Standards (1) The ESB program is race and gender neutral and is based on the size of the business, not the individual applicant. (2) A firm’s certification as an ESB may only last for a maximum of 12 consecutive years from the original certificate date and qualify as a tier one or tier two firm. (a) A certified firm may only remain in each tier for a period of six years. (b) If the firm graduates to a tier two status, due to size, before exhausting six years of certification under tier one, the firm’s certification in tier two must not exceed a period of six years, regardless of the firm’s certification period as tier one. (c) If an applicant provides compelling information to show, to the satisfaction of the COBID, that he or she has not received an opportunity to bid on ESB projects during the 12 years of eligibility, the COBID will extend the certification of the firm for one additional year. A firm may receive the extension only once. The firm must provide a written request for an extension to the COBID, including any supporting documentation. (3) To be eligible for certification as an ESB, a firm must meet the following criteria: (a) Be in existence, operational, and in business for a profit. (b) The principal place of business must be located in the State of Oregon as determined by the address used to file federal income taxes. If the business uses a P.O. Box, the COBID may require additional documentation to verify location. (c) Be properly licensed and legally registered with the Secretary of State in the State of Oregon (i.e. registered as a domestic corporation, limited liability corporation, partnership, or assumed business name, etc.). (d) Must not be a subsidiary or parent company belonging to a group of firms that are owned or controlled by the same individuals if, taken together, the group of firms do not qualify. (e) Have average, annual gross receipts over the last three years that do not exceed monetary limitations determined by OBDD/COBID annually based on the Consumer Price Index. (f) If state or local law requires a person to have a particular license or other credential in order to own and/or control a certain type of firm, then the certified applicant(s) who owns and controls an ESB must possess the required license or credential. (g) The owner(s) must work a minimum of 20 hours per week for the business. (h) The business must have 19 or fewer full-time employees to qualify for tier one or have 29 or fewer full-time employees to qualify to tier two. The COBID calculates a full-time employee as follows: (A) Hours worked by all employees (part-time, seasonal, or full-time) shall be converted into equivalent hours; dividing the total hours worked by 2080. (B) The COBID does not consider owners of the business in the calculation of the equivalent employees. (C) The period of calculation shall be the same as the business’ tax year. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 History: OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13
123-200-1700 ESB Certification: Application Form and Procedure (1) The COBID will utilize ORS 200.170 to review a business’ eligibility for certification as an ESB. (2) A firm wishing to apply for certification in the ESB program shall complete the application provided by the COBID. (3) The completed application, together with all required supporting documentation, shall be submitted to the Certification Office for Business Inclusion and Diversity at 775 Summer Street NE, Suite 200, Salem, OR 97301. The COBID will not process incomplete applications. (4) The COBID will conduct a review and take action on completed applications as promptly as resources permit. The order of priority for processing applications shall be the date the COBID receives the completed application with all supporting documentation. (5) The COBID shall make a determination based on the eligibility standards included in these rules and the applicable laws of the State of Oregon. As part of its investigation, the COBID may require the applicant firm to provide information in addition to that requested on the application. The applicant(s) has the burden of proving the firm is eligible for certification and meets all the requirements of the program. If the COBID certifies the firm, the agency will send a confirmation letter. (6) The applicable emerging small business size standard for each applicant set out in ORS 123-200-1600 shall be determined by the business’ primary service offered. (7) Registration of the business with the Construction Contractors Board and/or Landscape Contractors Board will establish a firm as a construction firm. For the purposes of this program, the COBID will consider a construction-related trucking business as a construction firm. The COBID does not consider Engineering and Architecture firms as construction firms. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 & 200.170 History: OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13
123-200-1800 Certification Review (1) Certification as an ESB is valid for three years from the date of certification. (2) The COBID will send an annual “no-change” statement to firms approximately 30 days prior to the one-year and two-year anniversaries of the certification date. The applicant must submit a completed statement, along with federal tax information for the previous year and documentation of any changes, prior to the anniversary date or the firm will be decertified. (3) The ESB shall notify the COBID within 30 days of any changes, which may affect its continued eligibility in the program. Failure to notify the COBID may result in denial or decertification. (4) The COBID will send a certification review notice and application to certified firms 60 days prior to expiration of current certification. The applicant shall promptly return the completed application along with any requested documentation (i.e. evidence of change in ownership, federal tax returns for the last year, etc.). Continued certification is not automatic. The applicant must demonstrate that his or her business still meets the criteria set out in OAR 123-200-1600 through 123-200-1700. (5) The COBID staff shall review the signed application to determine the firm has continued eligibility. The COBID may also request additional information to verify the firm has continued eligibility. (6) Failure to return the completed review application by the expiration date shall result in decertification. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 History: OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13
123-200-1900 Denial and Decertification of ESB Firms (1) This rule applies only to the denial and decertification of a firm’s ESB status under Oregon law. The COBID may deny certification or decertify a firm at any time if the agency determines that the firm no longer meets eligibility standards set out in OAR 123-200-1600. The procedure is as follows: (a) The COBID will issue a Notice of Intent to Deny Certification in the case of denial of initial certification and the reasons therefore. (b) In the case of decertification, the COBID shall issue a Notice of Intent to Decertify the firm 21 days prior to the date of decertification, and indicate the specific reasons for the decision. (c) In the event of a denial or decertification, the applicant or firm representative has 21 calendar days from the date of notice in which to submit a written appeal to the manager of the COBID. Following the review of the applicant’s written appeal, the manager of COBID will issue a decision. (d) If the applicant or firm representative does not agree with the manager’s decision, he or she may request a contested case hearing. The COBID will conduct a contested case hearing in accordance with ORS 183.310 to 183.550. Following the contested case hearing, the Hearings Officer will forward a proposed order to the COBID. The manager of the COBID will issue a final order. (e) If the applicant or firm representative files an appeal in writing or requests a contested case hearing, the COBID will stay the denial or decertification pending the issuance of the final order. If the applicant or certified firm does not submit a written appeal or request for a contested case hearing to the COBID within the 21-day period, the denial or decertification shall be final. (2) An applicant or firm representative may withdraw an application or certification if there is no longer a desire to participate in the program. The applicant or firm representative must complete a withdrawal form provided by the COBID. (3) Any business denied initial certification would be ineligible to reapply for a period of 12 months. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 & 183.310 - 183.550 History: OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13
123-200-2200 Representation of the COBID by Officer or Employee in Contested Case Hearings (1) An officer or employee of the COBID may appear on behalf of the COBID in contested case hearings, subject to the approval and authorization of the Attorney General. (2) The COBID representative may not make legal argument on behalf of the COBID. (a) "Legal argument" includes arguments on: (A) The jurisdiction of the COBID to hear the contested case; (B) The constitutionality of a statute, rule, or the application of a constitutional requirement to the COBID; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal argument" does not include presentation of evidence, examination and cross-examination of witnesses, presentation of factual arguments, or arguments on: (A) The application of the facts to the statutes or rules directly applicable to the issues in the contested case; (B) Comparison of prior actions of the COBID in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; and (D) The admissibility of evidence of the correctness of procedures followed. (3) When an officer or employee of the COBID represents the agency, the presiding officer shall advise the representative of the manner in which to make objections and which matters to preserve for appeal. Such advice is of a procedural nature and does not change applicable law on waiver of the duty to make timely objection. Where such objections involve legal argument, the presiding officer shall provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing. Statutory/Other Authority: ORS 183.450(7) & 183.450(8) Statutes/Other Implemented: ORS 183.450(7)(b) History: OBDD 1-2016, f. & cert. ef. 1-5-16 Renumbered from 123-200-0190, OBDD 7-2013, f. & cert. ef. 9-3-13 OBDD 17-2010, f. 4-30-10, cert. ef. 5-1-10
123-200-2300 Directory The COBID shall maintain a statewide-unified directory of certified firms as follows: (1) Certified firms shall use the current business name as registered with the Secretary of State, Corporation Division. Businesses operating under the owner’s individual name shall use the name listed on the business license. The firm may not use other names when contracting business. A firm may use an Assumed Business Name for contracting purposes, but only if the name is in conjunction with the registered business name. (2) The directory will be maintained in an electronic format and available on-line. The directory shall indicate the certification status of each firm for all programs. The directory shall also include the firm’s telephone numbers, fax number, and mailing address and list the firm's capabilities. (3) The COBID shall update the directory on a daily basis including changes in business and email addresses and phone number(s). (4) It is the responsibility of the applicant and certified business to notify the COBID within 30 days of any changes in its ownership or management, which may affect eligibility. Failure to notify the COBID may result in denial or decertification. Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 History: Renumbered from 123-200-2100, OBDD 1-2016, f. & cert. ef. 1-5-16 Renumbered from 123-200-0180, OBDD 7-2013, f. & cert. ef. 9-3-13 OBDD 17-2010, f. 4-30-10, cert. ef. 5-1-10
123-300-0001 Purpose and Scope (1) The purpose of this division of administrative rules is to carry out the provisions of the Act as they pertain to the administration of the Community Lenders’ Loan Loss Account Program. These rules provide definitions, program procedures, lender eligibility requirements, account and contract requirements for Program lenders, and Borrower loan eligibility requirements for operation of the Program. (2) The intent of the Community Lenders’ Loan Loss Account Program is to make awards to eligible lenders, that are unable to access existing Department programs, to fund Loan Loss Reserve Accounts for the purpose of increasing their lending to business owners and entrepreneurs who lack access to capital to start or grow their businesses due to factors including, but not limited to: (a) Limited net worth of the Borrower and its Principal(s) guaranteeing the loan; (b) Lack of adequate business and/or personal assets available to pledge as collateral; (c) Limited business and/or personal liquidity normally required to qualify for traditional commercial credit options; (d) Limited time in business and/or credit history; and, (e) Lack of financial training and capacity to prepare and compile business plans, financial statements, and projections necessary to support a business loan request. Statutory/Other Authority: ORS 285A.075 & ORS 285B.780 - ORS 285B.799 Statutes/Other Implemented: ORS 285B.780 - ORS 285B.799 History: OBDD 9-2023, adopt filed 06/13/2023, effective 06/13/2023
123-300-0201 Authority to Implement the Program The manager of the Department’s Business Finance programs, or their designee, may execute documents reasonably necessary or convenient to implement and administer the Program. Statutory/Other Authority: ORS 285A.075 History: OBDD 9-2023, adopt filed 06/13/2023, effective 06/13/2023
123-300-0401 Agreement An Agreement for a Program award that the Department enters into with a lender shall provide: (1) That the lender’s sole remedy against the State of Oregon and the Department under the Agreement is limited to the Program award amount provided under the Agreement, less any payments made under the Loan Loss Reserve Account and less any claims the Department has against lender; (2) That the terms and conditions of Enrolled Loans are to be determined solely by the lender and Borrower which shall be in compliance with the Act, this divisions of the administrative rules, and the Program proposal from the lender as accepted by the Department; (3) A required process and form for enrolling Qualified Loans in the Program; (4) A required collection practice and minimum standards that the lender must utilize for Enrolled Loans; (5) A Claim process and form for reimbursement of Losses that have been incurred from defaults on Enrolled Loans; (6) For the creation of a segregated Program Loan Loss Reserve Account by the lender in compliance with the Act and the rules herein during the term of the Agreement; (7) For payment from the Loan Loss Reserve Account to the lender to reimburse eligible Losses, up to the total amount of the then current balance available in the Loan Loss Reserve Account; (8) Conditions for Agreement termination by the Department including termination of enrollment of new Qualified Loans under the Program; (9) For the Department’s remedies for lender’s termination, withdrawal or default of the Agreement, including recovery of any remaining balance in the Loan Loss Reserve Account and repayment of any amount lender inappropriately expended from the Loan Loss Reserve Account; (10) For withdrawal by the lender from the Program; (11) Lender annual reporting requirements to the Department in accordance with ORS 285B.794; (12) For required record maintenance and the Department and Secretary of State’s access to records, reports, files, etc. pertaining to the administration, receipt and use of Program funds and necessary to facilitate reviews and audits of the lender’s pertinent files related to Enrolled Loans; (13) For lender to warrant and covenant its ability to implement the Program and execute Qualified Loans as part of its business lending portfolio(s); (14) Criteria and requirements necessary to release lender from obligations under the Agreement and use remaining balance of the Loan Loss Reserve Account to the lender as detailed in OAR 123-300-1901 and ORS 285B.797; (15) Incorporation of the terms of the lender’s Program proposal accepted by the Department in response to an RFP; and, (16) For other terms and conditions as the Department may require. Statutory/Other Authority: ORS 285A.075 & ORS 285B.780 - ORS 285B.799 Statutes/Other Implemented: ORS 285B.780 - ORS 285B.799 & ORS 279B History: OBDD 9-2023, adopt filed 06/13/2023, effective 06/13/2023
123-300-0501 Establishing a Loan Loss Reserve Account; State Transfer of Award funds to Account (1) Within 30 days after the Department and lender execute an Agreement, lender and Department shall establish a Loan Loss Reserve Account in accordance with the Department’s policies for the benefit of (“FBO”) the lender to receive the Program Award. The Loan Loss Reserve Account shall be a segregated account established and maintained with a financial institution, as defined in ORS 706.008. The Department requires use of an interest-earning demand deposit account and only Program Award funds and earnings on the Award may be held in the account unless otherwise agreed to by the lender and the Department. (2) Lender shall confirm in writing to the Department the establishment of the Loan Loss Reserve Account as required in section (1) of this rule and provide information necessary to facilitate the transfer of award funds to the Account within 30 days after the Department and lender execute an Agreement. (3) The Department shall transfer from the Fund to the Loan Loss Reserve Account of a lender the amount the Department awards to the lender for the Program and that lender accepts. Such transfer shall occur within 15 days after the lender provided notice as required in section (2) of this rule. Statutory/Other Authority: ORS 285A.075 & ORS 285B.780 - ORS 285B.799 Statutes/Other Implemented: ORS 285B.780 - ORS 285B.799 & ORS 706.008 History: OBDD 9-2023, adopt filed 06/13/2023, effective 06/13/2023
123-300-0601 Ownership, Control, Investment of Loan Loss Reserve Account (1) Ownership of the Loan Loss Reserve Account shall be attributed to the lender’s EIN (tax ID). (2) The Department and the Department only shall control the Loan Loss Reserve Account and have oversight over the Account during the term of the Agreement. The Department may authorize the lender’s withdrawal and use of a specified amount of funds from a Loan Loss Reserve Account only as provided in this division of administrative rules and the Agreement, namely for approved Enrolled Loan Loss, or upon release of a lender from an Agreement. (3) Until such time that a lender achieves all the requirements specified in the Agreement for the 10-year maintenance period and is released from their obligations under the Agreement, the balance of all moneys in the lender’s Loan Loss Reserve Account are subject to return and repayment to the State of Oregon, acting by and through the Department. (4) Any earnings on the balance in a Loan Loss Reserve Account are subject to the same restrictions as provided in section (3) above. Statutory/Other Authority: ORS 285A.075 & ORS 285B.780 - ORS 285B.799 Statutes/Other Implemented: ORS 285B.780 - ORS 285B.799 & ORS 706.008 History: OBDD 9-2023, adopt filed 06/13/2023, effective 06/13/2023