justicedao/ipfs_state_laws huggingface dataset:
123-009-0070 Commission Allocations (1) The Commission shall distribute resources in the Fund within the policies and priorities set by the Legislature and pursuant to ORS 285A.020, 285A.045 and 285A.055. (2) In the event of a shortfall of lottery funds, reductions will occur as prescribed by the Legislature and based on recommendations of the Commission. Statutory/Other Authority: ORS 285A.075(5), 285A.110 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98
123-009-0080 Commission Responsibilities (1) The Commission shall review and approve a biennial Allocation Plan for the Fund. (2) The Commission shall be responsible for making allocations from the Fund and may adjust these allocations based on need. In the event of lottery revenue shortfalls, the Commission may adjust allocations in accordance with any Legislative direction and recommendations of the Commission. Statutory/Other Authority: ORS 285A.075 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: EDD 16-2008, f. & cert. ef. 6-4-08 EDD 12-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 2-2008, f. & cert. ef. 1-2-08 EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98
123-009-0090 Criteria for Allocations The Commission shall make biennial allocations from the Fund based on the following criteria: (1) Funding shall be based on the principles established in ORS 285A.020, 285A.045 and 285A.055 to further business and economic development. (2) Funds may be reserved and allocated to address opportunity-driven investments, projects and unanticipated needs. (3) Consideration may be given to eliminating or combining funding for programs in allocations. Statutory/Other Authority: ORS 285A.075 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: OBDD 1-2013, f. & cert. ef. 1-2-13 EDD 16-2008, f. & cert. ef. 6-4-08 EDD 12-2008(Temp), f. & cert. ef. 3-28-08 thru 9-23-08 EDD 2-2008, f. & cert. ef. 1-2-08 EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98
123-009-0100 Director’s Review and Approval of Awards Under Allocation Plan Once allocations from the Fund have been made by the Commission, the Director shall have final project funding approval unless otherwise delegated. All project funding shall be consistent with Commission allocations. Statutory/Other Authority: ORS 285A.075(5), 285A.110 & 285A.227(2) Statutes/Other Implemented: ORS 285A.227 History: EDDS 5-2000, f. & cert. ef. 2-7-00 Reverted to EDD 3-1998, f. & cert. ef. 2-26-98 EDD 4-1999(Temp), f. & cert. ef. 8-5-99 thru 2-1-00 EDD 3-1998, f. & cert. ef. 2-26-98
123-011-0020 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Oregon Economic Development Revenue Bond program authorized by ORS 285B.320 to 285B.371. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 EDD 2-1999(Temp), f. & cert. ef. 3-18-99 thru 9-14-99 EDD 36-1988, f. & cert. ef. 12-15-88 EDD 15-1988, f. & cert. ef. 5-24-88 EDD 9-1988 (Temp), f. & cert. ef. 3-18-88 EDD 6-1988(Temp), f. & cert. ef. 2-29-88 EDD 4-1988, f. & cert. ef. 2-10-88 EDD 3-1985, f. & ef. 6-28-85 EDD 8-1984(Temp), f. 12-31-84, ef. 1-1-85
123-011-0021 Commission Powers For the purposes of these rules, the Business Development Commission (the “Commission”) shall retain and possess, in addition to all authority reserved to it under OAR 123-011-0027, all rights and powers delegated to the Finance Committee. Upon written notice to the Finance Committee, the Commission may elect to exercise directly, either in a specific instance or generally, any right or power delegated to the Finance Committee under these rules and the Finance Committee shall not have the authority to exercise the right or power identified in the notice under the circumstances described in the notice. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: OBDD 5-2012, f. & cert. ef. 6-1-12 OBDD 11-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 Reverted to EDD 36-1988, f. & cert. ef. 12-15-88 EDD 2-1999(Temp), f. & cert. ef. 3-18-99 thru 9-14-99 EDD 36-1988, f. & cert. ef. 12-15-88
123-011-0027 Delegation (1) Authority for the day-to-day operation of the Economic Development Revenue Bond Program, including determination of eligibility, authorization of the issuance of bonds, adoption of inducement and bond resolutions and amendments thereto, is delegated to the Finance Committee. (2) The Finance Committee may adopt standards and procedures for the operation of the bond program. Such standards and procedures shall not be inconsistent with any part of this division. (3) The Department may send to each member of the Commission a summary of each project to be considered by the Finance Committee. If so, Commissioners shall receive such summaries in sufficient time to comment on the projects and to attend each Finance Committee meeting, as each individual commissioner may in his or her sole discretion determine. (4) The Commission shall review and evaluate the operation of the bond program as it may from time to time determine and may order any changes that it considers necessary or desirable. (5) The Commission shall retain final authority over policies and administrative procedures governing the operation of the bond program. (6) If at any time the Commission decides to take any action or make any decision, it may do so at any regular or special meeting or through any telephone conference call as the Commission in its sole discretion may determine. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: OBDD 5-2012, f. & cert. ef. 6-1-12 OBDD 11-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 20-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 Reverted to EDD 36-1988, f. & cert. ef. 12-15-88 EDD 2-1999(Temp), f. & cert. ef. 3-18-99 thru 9-14-99 EDD 36-1988, f. & cert. ef. 12-15-88 EDD 9-1988(Temp), f. & cert. ef. 3-18-88
123-011-0030 Application (1) An Applicant desiring issuance of Economic Development Revenue Bonds must submit a complete application to the Department in a form approved by the Department. (2) The application shall be received by the Department at least 21 days prior to the Finance Committee meeting at which the application will be considered. The Department may waive this requirement at its sole discretion. (3) A non-refundable application fee shall be paid by an Applicant seeking Economic Development Revenue Bond financing with the Application submission, as specified in OAR 123-011-0045. (4) Application materials may be obtained from the Oregon Business Development Department, 775 Summer Street N.E., Suite 200 Salem, OR 97301-1280. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: OBDD 10-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 5-2012, f. & cert. ef. 6-1-12 OBDD 11-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 20-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 9-2008(Temp), f. & cert. ef. 3-4-08 thru 8-1-08 EDD 9-2007(Temp), f. & cert. ef. 9-4-07 thru 2-29-08 EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 EDD 2-1999(Temp), f. & cert. ef. 3-18-99 thru 9-14-99 EDD 13-1990, f. & cert. ef. 6-7-90 EDD 36-1988, f. & cert. ef. 12-15-88 EDD 15-1988, f. & cert. ef. 5-24-88 EDD 9-1988 (Temp), f. & cert. ef. 3-18-88 EDD 6-1988(Temp), f. & cert. ef. 2-29-88 EDD 4-1988, f. & cert. ef. 2-10-88 EDD 3-1985, f. & cert. ef. 6-28-85 EDD 8-1984(Temp), f. 12-31-84, cert. ef. 1-1-85
123-011-0037 Approval of Bond Closing Resolution Prior to the approval of bond financing for an eligible project, as evidenced by the Commission’s approval of a bond closing resolution, the Commission shall: (1) Determine that the project satisfies the applicable requirements of OAR chapter 123, division 8 (compliance with local land use planning requirements), as evidenced by documentation to be provided by the city or county (if in unincorporated county property) in which the project is located. (2) Determine that the project involved is consistent with applicable adopted local economic development plans, as evidenced by documentation from the city or county. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.320 – 285B.371 History: OBDD 5-2012, f. & cert. ef. 6-1-12 EDD 20-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 9-2008(Temp), f. & cert. ef. 3-4-08 thru 8-1-08
123-011-0040 Extension (1) The Department may extend the eligibility granted by the Finance Committee for up to six months if the Department determines that the project still constitutes an eligible activity and that there is a reasonable prospect of the Bonds being issued within the six-month extension period. The Applicant must provide updated financial information, and a project status report to the Department, in a form approved by the Department, at least 14 calendar days before eligibility expires. The Department may waive the 14 calendar day requirement at its sole discretion. (2) The Finance Committee may extend eligibility if the Department denies extended eligibility or if the initial extension granted by the Department under section (1) of this rule has expired. The Finance Committee must determine that the project still constitutes an eligible activity, and that there is a reasonable prospect of the Bonds being issued within the extension period. The Applicant must provide updated financial information and a project status report, as well as a request for extension, in a form approved by the Department, at least one month prior to the expiration date of the original or extended eligibility period. The Finance Committee may waive this time period at its sole discretion. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: OBDD 5-2012, f. & cert. ef. 6-1-12 OBDD 11-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 20-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 9-2008(Temp), f. & cert. ef. 3-4-08 thru 8-1-08 Reverted to EDD 4-2005, f. & cert. ef. 5-5-05 EDD 9-2007(Temp), f. & cert. ef. 9-4-07 thru 2-29-08 EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 EDD 36-1988, f. & cert. ef. 12-15-88 EDD 15-1988, f. & cert. ef. 5-24-88 EDD 9-1988(Temp), f. & cert. ef. 3-18-88 EDD 6-1988(Temp), f. & cert. ef. 2-29-88 EDD 4-1988, f. & cert. ef. 2-10-88 EDD 1-1986, f. 1-28-86, ef. 2-1-86 EDD 3-1985, f. & ef. 6-28-85 EDD 8-1984(Temp), f. 12-31-84, ef. 1-1-85
123-011-0050 Confidential Records (1) Upon written request and within a reasonable time, the Director or his designee shall provide program records, for inspection in accordance with ORS Chapter 192. (2) The person requesting records will be charged for preparing and mailing such records. Costs may 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 may determine. (3) Except as otherwise provided in ORS 192.410-192.595, records exempt from disclosure include but are not limited to: (a) Reports and analyses of reports which bear on the Applicant's character, finances, management ability and reliability, and which were obtained in confidence from persons or firms not required by law to submit them and the Department has obliged itself in good faith not to disclose the information; (b) Financial statements, tax returns, business records, employment history and other personal data submitted by or for Applicants, or analysis of such data; (c) Intra-departmental advisory memoranda preliminary to a decision; (d) Formulas, plans, designs and related information that constitute trade secrets under ORS Chapter 192; (e) Personal financial statement; (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 concluded litigation and nothing in this section shall limit any right or opportunity granted by law to a party involved in 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 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 285B.320 - 285B.371 History: OBDD 5-2012, f. & cert. ef. 6-1-12 EDD 4-2005, f. & cert. ef. 5-5-05 EDD 10-1999, f. & cert. ef. 10-11-99 EDD 2-1999(Temp), f. & cert. ef. 3-18-99 thru 9-14-99 EDD 36-1988, f. & cert. ef. 12-15-88 EDD 15-1988, f. & cert. ef. 5-24-88 EDD 9-1988 (Temp), f. & cert. ef. 3-18-88 EDD 6-1988(Temp), f. & cert. ef. 2-29-88 EDD 4-1988, f. & cert. ef. 2-10-88 EDD 3-1985, f. & cert. ef. 6-28-85 EDD 8-1984(Temp), f. 12-31-84, cert. ef. 1-1-85
123-015-0100 Purpose The following rules are for the purpose of assisting technology-based, start-up businesses in Oregon whose primary purpose is to commercialize university-based or university-assisted research with the University of Oregon, Oregon State University and the Oregon Solutions Network to increase the number of, and ensure the retention of, such businesses within Lane, Linn and Benton counties. Statutory/Other Authority: OL 2013 & ch. 762 Statutes/Other Implemented: OL 2013 & ch. 762 History: OBDD 4-2014, f. & cert. ef. 4-1-14
123-015-0200 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: (1) “Grantee” means University of Oregon, Oregon State University and the Oregon Solutions Network within Lane, Linn and Benton counties. (2) “Oregon Solutions Network” means the Oregon Solutions Network established pursuant to Executive Order 11-12 dated December 16, 2011. Statutory/Other Authority: OL 2013 & ch. 762 Statutes/Other Implemented: OL 2013 & ch. 762 History: OBDD 4-2014, f. & cert. ef. 4-1-14
123-015-0300 Performance Based Contracts (1) The department shall enter into performance based contracts and agreements with the University of Oregon, Oregon State University and the Oregon Solutions Network in Lane, Linn and Benton counties. (2) Performance based contracts and agreements implement and accomplish the following: (a) Providing financial assistance to programs, entities and providers of technical business development and creation assistance and providing support to technology-based start-up businesses whose primary purpose is to commercialize university-based or university-assisted research; (b) Identifying and recruiting entrepreneurial talent, qualified investors and other sources of capital; (c) Acquiring, procuring, furnishing or improving facilities in or near Lane, Linn or Benton counties, as identified by the University of Oregon, Oregon State university and the Oregon Solutions Network, for the operation or support of businesses, receiving assistance under this section, signature research centers and other businesses, programs and entities involved in the commercialization of university-based or university-assisted research; (d) Establishing, connecting or expanding support programs, directly or indirectly, that provide assistance to technology-based, start-up businesses whose primary purpose is to commercialize university-based or university-assisted research within and outside the region. Statutory/Other Authority: OL 2013 & ch. 762 Statutes/Other Implemented: OL 2013 & ch. 762 History: OBDD 4-2014, f. & cert. ef. 4-1-14
123-015-0400 Administration The department is responsible for disbursement of funds to entities per legislative designation consistent with OL 2013, ch. 762 and that funds are utilized for the purposes intended by the Legislature. The department will carry out those responsibilities with performance-based contracts that tie timed payments to successful completion of contractual tasks and an agreed-upon timeline. Statutory/Other Authority: OL 2013 & ch. 762 Statutes/Other Implemented: OL 2013 & ch. 762 History: OBDD 4-2014, f. & cert. ef. 4-1-14
123-015-0500 Reporting Grantees are required to report to the department on a quarterly basis on progress made in meeting all obligations set forth in the performance based contracts and agreements. Statutory/Other Authority: OL 2013 & ch. 762 Statutes/Other Implemented: OL 2013 & ch. 762 History: OBDD 4-2014, f. & cert. ef. 4-1-14
123-016-0000 Purpose The purpose of these rules is to provide procedures, standards and criteria for the making of Oregon Business Development Commission expenditures for feasibility studies, technical assistance and management consulting services from the Business Retention Fund. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.224 History: OBDD 12-2010, f. 4-30-10, cert. ef. 5-1-10 Reverted to EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 19-2008(Temp), f. 6-9-08 cert. ef. 6-10-08 thru 11-15-08 EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 4-1987(Temp), f. & ef. 10-1-87 EDD 10-1985(Temp), f. 11-7-85, ef. 10-22-85
123-016-0010 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: (1) Business retention services means technical assistance provided by experts, as qualified by the department, focused on retaining the viable operation of an existing business in Oregon. The services include, but are not limited to the following types of assistance: (a) Assessment — initial evaluation to determine the extent of issues experienced by the business and the likelihood of the business’s viability. (b) Management consulting — identifying and solving problems including, but not limited to, management improvements, marketing problems, financial problems, equipment needs, productivity improvements, production control, cost and pricing systems, and/or ownership. (c) Feasibility study — a study conducted to analyze the feasibility of reopening, keeping open, or converting a business firm or a facility to another product, identify ownership possibilities, including employee ownership, and conduct an appraisal of the facility's assets to be purchased. (d) Conversion plan — a plan to convert a facility to a new product or enter a new market or convert a company's ownership structure, including an employee buy-out. (e) Transition plan — strategic and business plans to grow or alter a business operation, including, but not limited to, mergers and transitions to local owners. (f) Restructuring plan — plan for the acquisition of new equipment, technologies, management practices, sourcing solutions, and growth options focused on retaining the viable operation of an existing business in Oregon. (g) Any other type of technical assistance necessary to retain a business in Oregon, maintain Oregon employees, or assist an Oregon business to manage growth that will lead to the creation of new jobs in Oregon. (2) “Fund” means the Business Retention Fund. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.224 History: OBDD 12-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 12-2009, f. & cert. ef. 10-1-09 Reverted to EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 19-2008(Temp), f. 6-9-08 cert. ef. 6-10-08 thru 11-15-08 Reverted to EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 4-1998(Temp), f. & cert. ef. 3-6-98 thru 7-24-98 EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 4-1987(Temp), f. & ef. 10-1-87 EDD 10-1985(Temp), f. 11-7-85, ef. 10-22-85
123-016-0020 Eligibility (1) Except as set forth in 123-016-0020(2), the following are eligible recipients of business retention services: (a) A for-profit business firm, whose Oregon facility is: (A) Engaged in: (i) Technology manufacturing; (ii) Wood and forest products processing; (iii) Clean technologies; (iv) Outdoor gear or active wear production; (v) Agriculture or aquaculture development; (vi) Food or seafood processing; (vii) Other advanced manufacturing; or (viii) producing goods or services and competing in markets for which regional, national or international competition exists; and (B) Experiencing at least one of the following issues: Declining employment, declining sales, declining profits, or an erosion of working capital, that is likely to lead to major employee layoffs or closure of the business, or an emerging industry or part of an industry cluster with high potential for market growth, job retention and job creation. (b) A public or non-profit, private entity which: (A) has as one of its primary purposes, as stated in its articles of incorporation, charter or bylaws, the promotion of economic development in Oregon; and (B) Is requesting business retention services for an industrial facility in Oregon which is actually closed or houses a business which has announced its closure. (2) Business retention services shall not be used to relocate a business from one labor market in Oregon to another. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.224 History: OBDD 12-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 12-2009, f. & cert. ef. 10-1-09 Reverted to EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 19-2008(Temp), f. 6-9-08 cert. ef. 6-10-08 thru 11-15-08 EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 4-1987(Temp), f. & ef. 10-1-87
123-016-0030 Awards of Grants and Loans; Match Requirements (1) A business firm described in OAR 123-016-0020(1)(a) is eligible for a maximum award of $25,000 from the Fund for business retention services. (2) A public or non-profit, private entity described in OAR 123-016-0020(1)(b) is eligible for a maximum grant of $30,000 from the Fund for business retention services. A public or non-profit, private entity recipient will be required to contribute a minimum of 25 percent of cost of the business retention services in cash. (3) As provided in OAR 123-016-0050, an award from the Fund may be required to be repaid, in whole or in part, if certain conditions are met. (4) In most instances, the department will first approve an award from the Fund to conduct an assessment to determine what, if any, additional business retention services are likely to result in retaining the viable operation of an existing business in Oregon. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.224 History: OBDD 5-2025, amend filed 06/02/2025, effective 06/02/2025 OBDD 12-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 12-2009, f. & cert. ef. 10-1-09 Reverted to EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 19-2008(Temp), f. 6-9-08 cert. ef. 6-10-08 thru 11-15-08 EDD 13-1988, f. 5-24-88 (and corrected 5-27-88), cert. ef. 5-27-88 EDD 4-1987(Temp), f. & ef. 10-1-87 EDD 10-1985(Temp), f. 11-7-85, ef. 10-22-85