125-030-0041 Participation Requirements for Charitable Organizations (1) To participate in the Annual Charitable Fund Drive, each organization claiming to be a charitable organization must participate as a member of an eligible fund or federation and 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 have a “local presence” as defined in OAR 125-030-0010; (c) 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; and; (d) 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 charitable organization must provide the following information to the fund(s) or federation(s) for submission to the Committee upon request: (a) Evidence that the organization meets the definition of “charitable organization” in OAR 125-030-0010, including a copy of the Internal Revenue Service determination letter indicating that the charitable organization is an exempt organization under Internal Revenue Code Section 501(c)(3), if applicable; (b) Evidence of the organization’s local presence as defined in OAR 125-030-0010; (c) Evidence that the organization 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 (d) A copy of the charitable 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 charitable organization shall annually prepare and make a report available to the fund(s) and federation(s) that represent it. The report shall include a full description of the organization’s 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 charitable organization's 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) A charitable organization shall be denied participation in the current year’s Annual Charitable Fund Drive for failure to meet the eligibility requirements set forth in OAR 125-030-0040(1) through (3). The Committee will notify the fund or federation representing the charitable organization in writing of the denial of participation. (5) A charitable organization 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 charitable organization fails to properly account for, allocate, or represent financial transactions. The Committee will notify the fund or federation representing the charitable organization in writing of the charitable organization’s 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. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184.340, 292.045 & 184.305 Statutes/Other Implemented: ORS 184.340, 292.045 & 184.305 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-030-0040, 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 3-2003, f. & cert. ef. 11-10-03 BAD 1-2003(Temp), f. & cert. ef. 6-11-03 thru 12-8-03 BAD 2-2002, f. & cert. ef. 7-30-02 BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98 ASD 1-1993, f. 12-29-93, cert. ef. 1-1-94