justicedao/ipfs_state_laws huggingface dataset:
123-019-0020 Eligibility (1) To be eligible for a loan from the Fund, each Applicant must meet one or more of the criteria in this section: (a) The Applicant must have had total revenues of $1,500,000 or less in the 12 calendar months immediately preceding the date application is made to the Fund for a loan; (b) The Applicant must have 25 or fewer full-time equivalent employees at the time of application; or, (c) At least 50 percent of the Applicant’s business or proposed business must be owned by an individual or individuals classified as Severely Disabled. (2) The Applicant may not be effectively owned or controlled by another business entity or other person, or own or control another business entity that, either by itself or when combined with the Applicant, is not eligible for a loan under this rule. Ownership of 50 percent or more of the Applicant would constitute, or a subsidiary which sells a majority of its goods or services to the parent may constitute, effective ownership or control. The Finance Manager may, however, make this determination based on the facts of an individual case. (3) The Principal of the Applicant must be active in the day-to-day operations of the business, otherwise the business is considered to be a passive investment and is not eligible for a loan from this Fund. Statutory/Other Authority: ORS 285A.075 & ORS 285B.758 Statutes/Other Implemented: OL 2020 2nd SS Ch 10 Sec 26-27, ORS 285B.740, ORS 285B.743, ORS 285B.746, ORS 285B.749 & ORS 285B.758 History: OBDD 4-2025, amend filed 05/19/2025, effective 05/19/2025 OBDD 1-2023, amend filed 01/18/2023, effective 01/18/2023 OBDD 4-2022, temporary amend filed 03/09/2022, effective 03/09/2022 through 09/02/2022 OBDD 7-2021, amend filed 07/02/2021, effective 07/02/2021 OBDD 2-2021, temporary amend filed 01/19/2021, effective 01/19/2021 through 07/09/2021 OBDD 12-2014, f. 6-30-14, cert. ef. 7-1-14 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 23-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-1-08 Reverted to EDD 10-1998, f. & cert. ef. 5-22-98 EDD 5-2007(Temp), f & cert. ef. 8-28-07 thru 2-22-08 EDD 10-1998, f. & cert. ef. 5-22-98 Reverted to EDD 3-1994, f. 2-4-94, cert. ef. 2-7-94 EDD 11-1997(Temp), f. & cert. ef. 10-7-97 EDD 3-1994, f. 2-4-94, cert. ef. 2-7-94 EDD 7-1993(Temp), f. & cert. ef. 9-17-93 EDD 12-1992, f. & cert. ef. 8-26-92 EDD 16-1991(Temp), f. & cert. ef. 11-8-91
123-019-0060 Appeals, Monitoring, Amendments and Modifications (1) If the Finance Manager denies a loan request and if requested in writing by the Applicant within 30 days of the denial, the Department shall inform the Applicant in writing of the reasons for such denial. (2) A denied Applicant has the right to appeal the denial in writing within 30 days of the Finance Manager's denial. Within 30 days of the appeal, the Applicant may submit whatever books, documents and data necessary to support the appeal. After reviewing the additional documentation, the Department shall schedule an appeal review by the Finance Manager, or the Loan Committee, as the Department may decide. If the Department elects to have the appeal reviewed by the Loan Committee, the Applicant may appear at the Loan Committee meeting to provide additional context to the information provided to support the appeal. (3) An Applicant whose appeal has been denied must submit a new credit application to be eligible for consideration of a new loan request. This requirement may be waived by the Finance Manager, in their sole discretion. (4) All loans shall be monitored by, and all loan repayments shall be made to, the Department or its assignee. (5) It is the responsibility of the Applicant to ensure that its payment arrives in the Department by the due date. (6) Any request for modification or amendment to any loan condition shall be made in writing to the Department and approved by the Finance Manager. The Finance Manager may refer a request for modification or amendment to the Loan Committee for recommendation. (7) If the Finance Manager consents to any requested modification or amendment, the Applicant shall be responsible for all costs of modifying or amending any loan documents, filings, recordings or financing statements. Statutory/Other Authority: ORS 285A.075, OL 2020 2nd SS Ch 10 Sec 26-27 & ORS 285B.758 Statutes/Other Implemented: ORS 285A.075, Ch. 765, OL 1993, OL 2020 2nd SS Ch 10 Sec 26-27, ORS 285B.740, ORS 285B.743, ORS 285B.746, ORS 285B.749 & ORS 285B.758 History: OBDD 4-2025, amend filed 05/19/2025, effective 05/19/2025 OBDD 1-2023, amend filed 01/18/2023, effective 01/18/2023 OBDD 4-2022, temporary amend filed 03/09/2022, effective 03/09/2022 through 09/02/2022 OBDD 7-2021, amend filed 07/02/2021, effective 07/02/2021 OBDD 2-2021, temporary amend filed 01/19/2021, effective 01/19/2021 through 07/09/2021 OBDD 12-2014, f. 6-30-14, cert. ef. 7-1-14 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 12-1992, f. & cert. ef. 8-26-92 EDD 16-1991(Temp), f. & cert. ef. 11-8-91
123-019-0070 Confidential Records (1) Upon written request and within a reasonable time, the Department shall provide nonexempt loan program records for inspection in accordance with ORS Chapter 192. (2) The person requesting inspection of the records may be charged in advance the Department's cost for locating, compiling, copying, and mailing the records. Such costs shall include but not be limited to costs incurred in locating records, separating exempt and nonexempt records, having a custodian present during the inspection, preparing lists of data, making photocopies, and telefaxing materials. Fees to be collected shall be set forth in the Department's schedule of fees and may be amended from time to time as the Department in its sole discretion may determine. (3) Except as otherwise provided in ORS Chapter 192, records exempt from disclosure include but are not limited to: (a) Reports and analyses of reports obtained in confidence from creditors, employers, customers, suppliers, and others which bear on the Applicant's character, finances, management ability, and reliability and which were obtained from persons or firms not required by law to submit them; (b) Financial statements, tax returns, business records, employment history and other personal data submitted by or for Applicants, or analysis of such data; (c) Interdepartmental advisory memoranda prior to a loan decision; (d) Formulas, plans, designs and related information which constitute trade secrets under ORS Chapter 192; (e) Personal financial statements; (f) Financial statements of Applicants; (g) Customer lists; (h) Information of an Applicant pertaining to litigation to which the Applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the Applicant shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded and nothing in this section shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation; (i) Production, sales or cost data; and (j) Marketing strategy information that relates to an Applicant's plan to address specific markets and Applicant's strategy regarding specific competitors. Statutory/Other Authority: ORS.192.410-192.505 & ORS 285A.075 Statutes/Other Implemented: ORS.192.410 -192.505, 285A.075, Ch.765 & OL 1993 History: OBDD 1-2023, amend filed 01/18/2023, effective 01/18/2023 OBDD 4-2022, temporary amend filed 03/09/2022, effective 03/09/2022 through 09/02/2022 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 12-1992, f. & cert. ef. 8-26-92 EDD 16-1991(Temp), f. & cert. ef. 11-8-91
123-019-0080 Restrictions (1) If the loan will result in the construction, expansion, rehabilitation or remodeling of a facility to which the public has access, access for handicapped persons must be provided in accordance with ORS 447.210 to 447.280. This provision applies only to firms which deal directly with the general public in the normal and usual course of their business, and to facilities in which business is customarily transacted by and with members of the general public. (2) Applicants receiving assistance from the EDLF are required to make a good faith effort to hire low income people who are trained by publicly-funded job training providers. Applicants may also be required to enter into a First Source Hiring Agreement as defined in OAR 123-070-0300 through 123-070-0370. Statutory/Other Authority: ORS.285A.075 & ORS 285B.758 Statutes/Other Implemented: ORS 447.210-447.280 & Ch.765, OL 1993 History: OBDD 4-2025, amend filed 05/19/2025, effective 05/19/2025 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 12-1992, f. & cert. ef. 8-26-92 EDD 16-1991(Temp), f. & cert. ef. 11-8-91
123-019-0090 Payment of Monies for Project (1) The Finance Manager shall be the sole judge of the suitability and eligibility of a Project for financing from the Fund, and approval of such financing shall be in the sole discretion of the Finance Manager. (2) If the Finance Manager approves a loan for a Project, the Department shall pay monies for the Project from the Fund, in accordance with the terms of the loan contract as prescribed by the Finance Manager. (3) If the Finance Manager determines that a loan should be made, the Finance Manager shall also determine the amount of the loan and authorize the disbursement of the funds. The Finance Manager may authorize the Department to disburse the funds and execute such documents as may be necessary to conclude the transaction. Statutory/Other Authority: ORS.285A.075 Statutes/Other Implemented: ORS 285A.075, .285B.740 - 285B.758, Ch. 765 & OL 1993 History: OBDD 1-2023, amend filed 01/18/2023, effective 01/18/2023 OBDD 4-2022, temporary amend filed 03/09/2022, effective 03/09/2022 through 09/02/2022 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 12-1992, f. & cert. ef. 8-26-92 EDD 16-1991(Temp), f. & cert. ef. 11-8-91
123-019-0100 Certification of Entities for Business Plan Review (1) In addition to SBDCs, the Finance Manager may certify an entity for the review of business plans and for providing a Small Business Management Program if the Finance Manager finds in their sole discretion that the entity demonstrates in its proposal to become a certified entity that the management team and counseling staff of the certified entity adequately possess: (a) Sufficient experience in providing financial counseling to businesses; (b) Sufficient experience in providing a Small Business Management Program; (c) Sufficient experience in reviewing business plans; (d) Sufficient experience in assisting businesses with successfully accessing capital. (2) The Finance Manager may establish time periods for certification and review in their sole discretion. (3) The SBDCs and certified entities will continue to provide small business management services and counseling to the Applicant after the loan has been provided to the Applicant. Statutory/Other Authority: ORS 285A.075 & ORS 285B.740 -758 Statutes/Other Implemented: ORS 285B.740 -758, Ch. 688, OL 1991 & Ch. 765. OL 1993 History: OBDD 4-2025, amend filed 05/19/2025, effective 05/19/2025 OBDD 1-2023, amend filed 01/18/2023, effective 01/18/2023 OBDD 4-2022, temporary amend filed 03/09/2022, effective 03/09/2022 through 09/02/2022 OBDD 12-2014, f. 6-30-14, cert. ef. 7-1-14 OBDD 35-2010, f. 10-14-10, cert. ef. 10-15-10 OBDD 34-2010, f. & cert. ef. 10-1-10 OBDD 10-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10 EDD 8-1995, f. & cert. ef. 10-26-95
123-020-0100 Purpose and Scope This division of administrative rules describes the steps and necessary elements for the Commission to approve the formation of a Port, as required under ORS 285A.627(2). Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 EDD 14-2004, f. & cert. ef. 8-2-04
123-020-0105 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: (1) "Applicant" means an entity that may legitimately seek and propose the formation of a new Port, and that submits a request for the Commission's approval. (2) "Port" means a municipal corporation organized under ORS Chapter 777 or 778, which may be known as a "port authority" or "port district." Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0005, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0110 Application An Applicant for the formation of a port must: (1) Send the following, prior to any official filing with the appropriate county, to Attn: Port Formation Application, Oregon Business Development Department, State Lands Building Suite 200, 775 Summer Street NE, Salem, OR 97301-1280: (a) A sample of the petition or order to be used for purposes of ORS 198.705 to 198.955, as applicable; (b) A letter formally requesting formation of the proposed Port; (c) A legal description and map of the port boundaries; and (2) Materials requested in OAR 123-020-0015 to 123-020-0035. Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0010, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0115 Criteria In carrying out its function as statewide coordinating, planning, and research agency for all Ports in the State of Oregon, and to insure the most orderly, efficient, and economical development of the state port system, the Authority will take into consideration and may request information from the Applicant regarding the following: (1) The need for port services in the territory to be included within the proposed Port; (2) The adequacy of funding for the proposed Port; and (3) The orderly development of the proposed Port and its effects upon the development of a state port system. Statutory/Other Authority: ORS 285.075(5) & 285A.110(1) Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0015, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0120 Need for Port Services In evaluating the need for port services, the Authority will take the following into consideration: (1) That reasonable alternatives to the formation of a Port have been considered; (2) That significant adverse effects on other public or private agencies offering similar services within the proposed service area have been considered; (3) That economic benefits and opportunities such as increased employment, income, and cost savings have been considered; and (4) That proposed Port boundaries are reasonable in terms of tax assessment and property ownership. Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0020, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0125 Viability of Formation In reviewing the viability and merits of a proposed Port, the Authority will consider the following, in addition to the latest draft copy of the economic feasibility statement for district formation, if applicable, under ORS 198.749: (1) A proposed budget of the proposed Port showing, among other things, capital improvements, staffing, and other sums and expenses required to implement and operate the proposed Port for a reasonable period; (2) Adequacy of the existing tax base and proposed tax rate and the source and amounts of any other revenues estimated to be required; and (3) Other financial information requested. Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0025, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0130 Orderly Development of Port and State Port System The Authority encourages and seeks public views on the following issues as they relate to the formation of a specific port district: (1) Relationship of the proposed Port activities to locally approved land use plans and the provision of other local public services or utilities; (2) Coordination with affected environmental, economic, and social agencies, including the impact on affected taxing jurisdictions; and (3) Effects of the proposed activities on transportation facilities and services. Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0030, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-020-0140 Review and Commission Approval or Denial (1) An applicant will not seek, nor will any agency of a county government do either of the following, until such time as the Authority approves the formation of the port: (a) Conduct a deciding vote on port formation by the governing body of the county; or (b) Place the question of the port's formation on the ballot of a special or general election. (2) Upon receipt of a request under OAR 123-020-0010, the Authority will review the submitted materials and may request additional information. (3) Following its review and receipt of any additional information, the Authority will assemble materials and information along with a summary of the proposed port's advantages and disadvantages relative to OAR 123-020-0015 to 123-020-0030 that may include a recommendation of action. (4) The Authority will submit a proposal summary and recommendation to the board. (5) The Authority shall schedule a meeting to consider final approval of the requested port formation. The agenda for this meeting must be publicly available and be sent to the applicant and other interested parties at least 21 days prior to such meeting. The meeting must afford an opportunity for public commentary. (6) At the meeting described in this rule or a subsequent meeting, the board will formally approve or deny the proposed port's formation, as it deems appropriate. (7) If the Authority denies a port formation request, it will indicate in writing the reasons and the remedies, if any, that would allow the applicant to be reconsidered. (8) If formation of the port is approved by the authority. (a) The Authority will issue a formal declaration of its approval that the Authority will provide to the applicant and to the Chair of the Board of County Commissioners for the respective county or counties; and (b) The applicant will proceed with and abide by all applicable procedures and requirements under ORS Chapters 198 and 777. Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.627 History: EDD 13-2009, f. & cert. ef. 10-1-09 Renumbered from 123-020-0040, EDD 14-2004, f. & cert. ef. 8-2-04 EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04 EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04 EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03 EDD 6, f. & ef. 4-30-76
123-021-2100 Purpose The purpose of these rules is to provide procedures, standards, and criteria for providing loan insurance from the Oregon Credit Enhancement Fund. Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.218 Statutes/Other Implemented: ORS 285B.200 - 285B.218 History: OBDD 27-2023, renumbered from 123-021-0000, filed 10/06/2023, effective 10/06/2023 OBDD 7-2012, f. & cert. ef. 6-1-12 OBDD 8-2011(Temp), f. & cert. ef. 12-8-11 thru 6-5-12 EDD 17-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 11-1994, f. & cert. ef. 7-29-94 EDD 5-1994(Temp), f. & cert. ef. 3-3-94
123-021-2200 Delegation With the exception of appeals, the Department may authorize and approve loan insurance authorizations and require execution of any document necessary or convenient to make effective such insurance. Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.218 Statutes/Other Implemented: ORS 285B.200 - 285B.218 History: OBDD 27-2023, renumbered from 123-021-0130, filed 10/06/2023, effective 10/06/2023 OBDD 4-2023, temporary suspend filed 01/25/2023, effective 01/25/2023 through 07/23/2023 OBDD 7-2012, f. & cert. ef. 6-1-12 OBDD 8-2011(Temp), f. & cert. ef. 12-8-11 thru 6-5-12 EDD 17-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 24-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 11-1994, f. & cert. ef. 7-29-94 EDD 5-1994(Temp), f. & cert. ef. 3-3-94