125-030-0051 Participation Requirements for Funds and Federations (1) To participate in the Annual Charitable Fund Drive, each fund or federation must satisfy each of the following requirements: (a) The organization must meet the definition of “charitable organization” in OAR 125-030-0010; (b) The organization must meet the definition of a “fund” or “federation” in OAR 125-030-0010; (c) The organization must have a “local presence” as defined in OAR 125-030-0010; (d) The organization must have an Internal Revenue Service determination letter or advance ruling indicating that it is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable; (e) The organization must comply with the relevant provisions of ORS 128.610 to 128.995 concerning registration with and reporting to the Attorney General, if required; (2) Any organization claiming to be a fund or federation must submit the following information to the Committee upon request: (a) Evidence that the fund or federation meets the definition of “charitable organization” in OAR 125-030-0010, including a copy of the Internal Revenue Service determination letter indicating that the fund or federation is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable; (b) Evidence that the fund or federation meets the definition of a “fund” or “federation” in OAR 125-030-0010; (c) Evidence of the fund’s or federation’s local presence as defined in OAR 125-030-0010; (d) Evidence that the fund or federation has complied with the relevant provisions of ORS 128.610 to 128.995, concerning registration with and reporting to the Attorney General, if required, or an explanation of why the organization has not registered and reported; and (e) A copy of the organization’s written policy on nondiscrimination regarding race, color, religion, national origin, disability, age, sex, sexual orientation, or association with any of these protected classes, and applicable to persons served by it. (3) Public Accountability Standards: Each fund or federation shall annually prepare and submit to the Committee, as part of the application, a report that includes a full description of its activities, including types of solicitation for contributions, the names of its chief administrative personnel, and full disclosure of the source of and use of all contributions. The report shall also disclose the fund-raising costs and the estimated percentage of money collected that will be applied to administrative costs and to charitable activities. The funds and federations shall make this information available to state employees upon request during the annual solicitation. (4) Each fund or federation that participates in the Annual Charitable Fund Drive, shall support and participate in the events and activities associated with the fund drive. (5) Each fund or federation must submit an application to the Charitable Fund Drive Committee in the form prescribed by the Committee and by the date established by the Committee. At a minimum, the funds and federations shall be asked to provide the information required by OAR 125-030-0050(1) through (3) and to affirm their intention to participate as required by 125-030-0050(4). The Committee may request additional information or clarification of the information submitted with an application. (6) Once a fund or federation has been accepted for participation in the Annual Charitable Fund Drive, the Committee may exercise discretion and accept previous application information in determining eligibility for participation in subsequent Annual Charitable Fund Drives. The Committee will notify the fund or federation in writing if it elects to exercise such discretion. (7) A fund or federation shall be denied participation in the current year’s Annual Charitable Fund Drive for: (a) Failure to meet the eligibility requirements set forth in OAR 125-030-0050(1) through (4); or (b) Failure to apply or renew the application to participate in the Annual Charitable Fund Drive by the deadline set by the Committee. (8) A fund or federation shall be notified in writing of acceptance for or denial of participation in the current year’s Annual Charitable Fund Drive within 45 days after the application deadline. (9) A fund or federation shall be removed from participation in the current year’s Annual Charitable Fund Drive and denied participation in the Annual Charitable Fund Drive for the following two years if the fund or federation fails: (a) To properly account for, allocate, or represent financial transactions; or (b) To pay the fund’s or federation’s allocated share of the costs of the fund drive. (10) A fund or federation shall be notified in writing of its removal from participation from the current year’s Annual Charitable Fund Drive and denial of participation in the Annual Charitable Fund Drive for the following two years within 45 days after the date a quorum of Committee members determines that a disqualifying event has occurred. Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 292.043 & 292.045 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0050, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08 BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94