reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0700 - Contested Case Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 123-001-0700 to
			 123-001-0750 establish
			 procedural steps and options for handling appeals, in the manner of a contested
			 case under ORS 183.310 to
			 183.550, when the Department
			 denies:
(a) An application for either
			 preliminary certification or annual certification to exempt the taxable income
			 of a facility under ORS
			 316.778 or
			 317.391 (see OAR 123-635), other
			 than when denial results from objection to preliminary certification by the
			 city, county or port; or
(b) Any
			 other application or request for which state law provides for appeal by
			 contested case.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0725 - Steps and Reservations of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As described in OAR
			 123-001-0700, the Department
			 shall send notice to the applicant, such that:
(a) The Department sends notice by registered
			 or certified mail;
(b) If a copy is
			 sent also by regular, first-class mail, it must be so mailed at least five days
			 prior to the notice as described in subsection (a) of this section;
			 and
(c) The Department shall also
			 furnish a copy to the Department of Revenue/county assessor as
			 relevant.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 1 - PROCEDURAL RULES › Section 123-001-0750 - Representations by Agency Representative

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of any contested case hearing before an
				administrative law judge:
(1) Subject
			 to the approval of the office of Attorney General of the State of Oregon under
			 ORS Chapter 180, the Director may authorize an officer or employee of the
			 Department to appear on behalf of the Department.
(2) Such a Department representative may not
			 present legal argument on behalf of state government.
(3) The Department retains its full
			 prerogative, with or without intervention by the administrative law judge, to
			 consult with or otherwise involve the office of Attorney General. Such
			 prerogative includes but not necessarily limited to the sole purpose of having
			 the office of Attorney General present legal argument at the hearing or to file
			 written legal argument within a reasonable time after conclusion of the
			 hearing.
(4)
(a) "Legal argument" includes arguments on:
(A) The jurisdiction to hear the contested
			 case;
(B) The constitutionality of
			 a statute or rule or the application of a constitutional requirement to the
			 Department; and
(C) The application
			 of court precedent to the facts of the particular contested case
			 proceeding.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 5 - ACCESS TO PUBLIC RECORDS, FEES FOR RECORD SEARCH › Section 123-005-0000 - Applicability of Rules and Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules applies to all public
				records for which the Department is custodian of. For the purposes of these
				rules definitions may be found in Procedural Rules, OAR
				123-001.
Stat. Auth.: ORS
				  285A.075(A)
Stats. Implemented: ORS
				  192.410 -
				  192.505, 285A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 5 - ACCESS TO PUBLIC RECORDS, FEES FOR RECORD SEARCH › Section 123-005-0010 - Access to Records

Current through Register Vol. 63, No. 7, July 1, 2024
In carrying out responsibilities under ORS
				192.410 to
				192.505, the Department
				shall:
(1) Make restrictions and take
			 precautions necessary to protect the integrity of the records and prevent
			 interference with the regular discharge of the Department's duties;
(2) Maintain the confidential nature of
			 records as provided under ORS
			 192.502(16),
			 285A.090(5),
			 285B.701(4) and
			 other applicable state or federal laws, including but not limited to protecting
			 the attorney-client privilege, as well as related provisions in OAR
			 123-017-0040 or other administrative rules.
(3) Allow that public records of the
			 Department to be inspected or examined, subject to prior request, approval and
			 arrangements, during the normal working days and hours of the offices of the
			 Department at which the records are kept. The inspection or examination shall
			 take place at the main office, a field office, or any other reasonable location
			 designated by the Department.
Stat. Auth.: ORS
				  285A.075(A)
Stats. Implemented: ORS
				  192.410 -
				  192.505 & ORS 285A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 5 - ACCESS TO PUBLIC RECORDS, FEES FOR RECORD SEARCH › Section 123-005-0020 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to inspect or obtain copies of
			 a public record or information from public records shall be made in writing
			 (Attention: Public Information Staff, Oregon Business Development Department,
			 State Lands Building Suite 200, 775 Summer Street NE, Salem, OR 97301-1280),
			 and shall include:
(a) The name, address and
			 telephone number of the requester;
(b) Identification of the needed public
			 record, or of the type and format of needed public record information, if known
			 to the requester;
(c) Time period
			 records were produced and officials involved in producing records or other
			 relevant information, if known to the requester; and
(d) The number of copies for each item
			 requested of the record, if copies are requested.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 5 - ACCESS TO PUBLIC RECORDS, FEES FOR RECORD SEARCH › Section 123-005-0030 - Payment for Inspection and Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as waived in section (2) of this
			 rule, a person who is receiving a copy of a public record or information from a
			 public record shall pay the Department's actual cost for:
(a) Staff time necessary to identify, locate,
			 summarize or compile the record as requested;
(b) Attorney fees, staff time and so forth
			 associated with the screening of materials or blocking out of text that is
			 exempt from disclosure;
(c)
			 Supervision of on-site inspection of the public record by the
			 requester;
(d) Customary fee per
			 page for reproduction, handling and assembling of copies to be provided;
			 and
(e) Postage or similar expenses
			 and special supplies or services necessary to furnish the copy or
			 information.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				285A.075(3),
				the department may enter into contracts as necessary or appropriate to carry
				out its authorized mission. This rule sets forth the Department's procurement
				and contracting procedures. This rule does not apply to financing contracts,
				grants, interagency or intergovernmental agreements, office leases, or
				contracts specifically directed by statute.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.075 &
				  279A.070
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0020 - Standard Procedures and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will comply with the Oregon Department of
				Justice Model Public Contract Rules, OAR chapter 137, divisions 046, and 047,
				as applicable, for all its procurement and contracting activity, with the
				following exceptions:
(1) For
			 Architectural, Engineering, and Land Surveying contracts, a special class of
			 personal services contracts, the Department will comply with OAR chapter 137,
			 division 048. Services defined as Related Services are subject to 123, Division
			 6.
(2) For contracts relating to
			 the Department's foreign trade offices operating outside the state, the
			 provisions of OAR 137-047-0700 through
			 137-047-0760 (regarding legal
			 remedies) shall not apply to public contracts under this division.
(3) For contracts, other than those
			 identified in (1) or (2) of this rule, that are best implemented as multiple
			 work order contracts under an Agreement for Goods or Services, the Department
			 will comply with OAR 123-006-0025.
(4) The provisions of OAR
			 137-047-0800,
			 137-047-0265(2)
			 and 137-047-0270 (-3) (regarding
			 contract amendments) do not apply to contracts by the Department.
(5) The provisions of OAR
			 137-047-0670 (regarding
			 cancelled offers) do not apply to contracts by the Department.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.075 &
				  279A.070
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0025 - Use of Work Order Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contracts may be implemented as multiple Work Order Contracts under an
			 Agreement for Goods or Services instead of a single contract if that
			 implementation will provide substantial savings in time or cost, or
			 both.
(2) The Department and the
			 selected contractor will sign a non-binding Agreement for Goods or Services, in
			 which the Contractor acknowledges its readiness to enter into separate work
			 order contracts with the Department that will describe, among other things, the
			 specific goods or services to be performed, the timeline for delivery, and the
			 compensation. Each Work Order Contract subsequently executed with the
			 Contractor pursuant to the non-binding Agreement for Goods or Services must be
			 within the scope of the solicitation, if any, and will constitute a separate
			 legally binding contract between the Department and the Contractor.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.075 &
				  279.070
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0030 - Electronic Public Notice

Current through Register Vol. 63, No. 7, July 1, 2024
For all required public notices or advertisements related to
				source selection methods, the Department may publish the notice or
				advertisement on the Department of Administrative Services Electronic
				Procurement System instead of publishing notice in a newspaper of general
				circulation as described in ORS
				279B.055(4)(b).
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.075 &
				  279A.070
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0035 - Contract Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Rule. The Department may amend any contract without additional competition,
			 including reinstatements and cost overruns, but only when the Department has
			 determined:
(a) The amended Contract is
			 within the Scope of the Solicitation Document, or if no Solicitation Document,
			 the Contract; or in the instance of a Special Procurement, the approval of
			 Special Procurement;
(b) The
			 amended Contract does not adversely affect the competitive conditions for the
			 original contract; and
(c) If the
			 Contract was selected according to the Small Procurement method, the total
			 compensation does not exceed $10,000, or, if selected according to the
			 Intermediate Procurement method, the total compensation does not exceed
			 $150,000.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0040 - Contracts Must be Authorized Prior to Performance

Current through Register Vol. 63, No. 7, July 1, 2024
All Contracts, including any amendments, must be in writing and
				fully executed before any Work or Services may be performed or payment made.
				Contractors are not entitled to payment for any Work or Services performed
				prior to such execution.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.075 &
				  279.070
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 6 - PROCEDURES FOR CONTRACTS ENTERED INTO WITH THE BUSINESS DEVELOPMENT DEPARTMENT › Section 123-006-0045 - Sole Source Procurements, by Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may procure goods or services for the following
				subjects without competition:
(1)
			 Advertising and Promotion. This covers all types of advertising placement,
			 including booth space at trade shows and exhibitions. This does not include
			 development of advertising or trade show services.
(2) Bond Counsel. The Department will follow
			 the procedures and requirements of ORS
			 286A.130 and any applicable
			 Oregon Administrative Rules.
(3)
			 Event Speakers. This covers those contracts for event speakers such as a
			 keynote address. This does not cover those contracts for services such as
			 training instructors or facilitators of meetings.
(4) Conferences, Meetings, Events. This
			 covers facilities for housing or conducting meetings or events, as well as
			 hotels or other lodging accommodations for those attending such meetings or
			 events.
(5) Organizational
			 Memberships. This covers dues, registrations, and membership fees in
			 organizations the Department chooses to associate with. This does not cover
			 memberships for individuals.
(6)
			 Foreign Trade Missions. This covers procurement expenditures necessary during
			 the duration of a foreign trade mission. This does not include foreign trade
			 shows. This does not include employee travel reimbursements.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.075,
				  279A.070 &
				  279B.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0005 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Business Development Commission through the Oregon
				Business Development Department in accordance with this division of
				administrative rules has established policies and procedures for mandatory
				compatibility with Oregon's Planning Goals and associated land use plans and
				standards.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180,
				  285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Business Development Department
				that prior to approving or undertaking projects or actions under an Applicable
				Program, as defined in OAR
				123-008-0015, the Department
				shall take steps or have program procedures for accomplishing compliance and
				compatibility with Planning Goals, principally through the applicable
				acknowledged comprehensive plans and the land use regulations of local
				governments, in accordance with OAR chapter 660, division
				030.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180,
				  285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules additional definitions may be
				found in Procedural Rules, OAR 123-001. For purposes of this division of
				administrative rules, unless the context demands otherwise:
(1) Applicable Programs mean those funds,
			 incentives and other activities, powers and resources of the Department and the
			 Commission that directly influence physical development on or to the landand
			 will generally not include educational, marketing, technical assistance, funds
			 for technical analysis or other similar programs.
(2) Planning Goals mean the mandatory
			 statewide planning standards for land use as adopted by the Oregon Land
			 Conservation and Development Commission under ORS Chapters 195, 196 and 197,
			 and are available and may be obtained from the Oregon Department of Land
			 Conservation and Development, 635 Capitol Street, NE, Suite 150, Salem, Oregon
			 97301-2540.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180,
				  285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0020 - Compliance with Planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall achieve Planning Goal compliance whenever possible by
			 taking actions that are compatible with the applicable acknowledged
			 comprehensive plan of a county or city government and land use regulations of
			 this state and local zone ordinances.
(2) However, if a situation arises that
			 necessitates direct goal findings, because of potential or actual
			 incompatibility under a local comprehensive plan or other reasons, as described
			 in OAR 660-030-0065(3),
			 the Department shall adhere to the following procedures, as formally as
			 appropriate:
(a) Confirm that a situation
			 exists requiring the Department to adopt direct goal findings of compliance
			 with one or more of Planning Goals;
(b) Identify which Planning Goals or Goal
			 requirements the Department must address;
(c) Consult directly with affected
			 jurisdictions;
(d) Request
			 interpretative guidance as needed from the Department of Land Conservation and
			 Development or the Department of Justice;
(e) Rely on any relevant goal interpretations
			 for state agencies adopted in accordance with OAR chapter 660, whenever
			 applicable; and
(f) Adopt any
			 necessary findings to ensure compliance with the Planning Goals.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0025 - Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of this division of administrative rules, and to
				act compatibly with acknowledged comprehensive plans and land use regulations,
				except when the Department makes direct findings for compliance with Planning
				Goals consistent with OAR
				123-008-0020(2),
				a project applicant for resources under an Applicable Program shall effectively
				verify to the project's compliance with the applicable city or county
				comprehensive plan, public facility plan and land use regulations, through
				mechanisms such as the following:
(1)
			 Receipt of a copy of the local land use permit or equivalent documentation from
			 the city or county planning agency or the local governing body that the project
			 has received land use approval;
(2)
			 Receipt of a letter from the local planning agency or governing body stating
			 that the project is permitted under the jurisdiction's comprehensive plan and
			 land use regulations but does not require specific land use approval;
(3) Copies of official land use maps or other
			 local documents that demonstrate necessary compliance; or
(4) Other equivalent documentation from the
			 affected city or county.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180,
				  285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0030 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 land use dispute related to a proposal or application for financial assistance
			 under an Applicable Program arises, the proposal sponsor/applicant is expected
			 to resolve the dispute directly with the government of the city or county where
			 the proposed project is to be located. The Department will not provide funding
			 for such a project until the dispute is resolved, as indicated by documentation
			 pursuant to OAR 123-008-0025.
(2) In other cases, the Department may
			 attempt to resolve disputes regarding land use issues by direct contact with
			 the applicable local governing body. Whenever possible, Department efforts to
			 resolve land use disputes shall be pursued prior to and through local
			 government land use proceedings.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180,
				  285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0035 - Compliance and Compatibility of New or Amended Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Land Conservation and Development is
				expressively listed in the Department's Notice Rule, OAR
				123-001-0100, and the Department
				shall follow the same notice procedures whenever amending the "Land Use
				Coordination Program."
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180 & ORS 285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 8 - QUALITY DEVELOPMENT AND LAND USE COORDINATION › Section 123-008-0040 - Consistency with Local Economic Development Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Applicable adopted local economic development plans under ORS
				285A.055(5)
				include, but are not limited to, relevant parts of the comprehensive (land use)
				plans of cities and counties, such as those related to Planning Goal
				9.
Stat. Auth.: ORS 285B.075(5) &
				  285A.075
Stats. Implemented: ORS
				  197.180 & ORS 285 A &
				  285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0050 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Business, Innovation and Trade Fund is established
				by ORS 285A.227 as a means to provide
				the Oregon Business Development Department with flexibility in funding and
				decision-making to respond to economic development needs on a statewide and
				regional basis.
Stat. Auth.: ORS
				  285A.075 &
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0060 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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 the following
				definitions apply:
(1) Fund means the
			 Oregon Business, Innovation and Trade Fund established in ORS
			 285A.227, which includes lottery
			 funding for grant and loan programs and contracted services and all interest
			 earnings that accrue to the Fund.
(2) "Allocation Plan" means the distribution
			 plan of the legislatively authorized Fund biennial budget.
Stat. Auth.: ORS
				  285A.075 &
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0070 - Commission Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  285A.075 &
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0080 - Commission Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  285A.075,
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0090 - Criteria for Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  285A.075 &
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 9 - OREGON BUSINESS, INNOVATION AND TRADE FUND › Section 123-009-0100 - Director's Review and Approval of Awards under Allocation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  285A.075,
				  285A.227(2)
Stats. Implemented: ORS
				  285A.227
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0020 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.320 -
				  285B.371
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0021 - Commission Powers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.320 -
				  285B.371
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules, the following terms shall have
				the following meaning, unless the context clearly indicates otherwise:
(1) "Applicant" means any person, firm or
			 public or private corporation or federal or state governmental subdivision or
			 agency which submits an application for Oregon Economic Development Revenue
			 Bonds.
(2) "Bonds" means Oregon
			 Economic Development Revenue Bonds issued by the State of Oregon under ORS
			 285B.320 to
			 285B.371.
(3) "Capital Asset" means real or personal
			 property that the Commission expects to be:
(a) Used in connection with a
			 revenue-producing enterprise, an exempt, or a non-profit entity; and
(b) Located in Oregon.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0027 - Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.320 -
				  285B.371
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0030 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0035 - Determination of Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall review the application.
(2)
			 The Department shall make a recommendation to the Finance Committee to either
			 approve or deny the application for eligibility for Economic Development
			 Revenue Bonds. The review of the application will be based upon the standards
			 set forth in this rule:
(a) The following
			 Economic Development Projects are eligible for Economic Development Revenue
			 Bonds, unless otherwise prohibited under this section:
(A) Manufacturing or other industrial
			 production;
(B) Agricultural
			 development or food processing;
(C)
			 Aquaculture development or seafood processing;
(D) Development or improved utilization of
			 natural resources;
(E) Research and
			 development;
(F) Destination
			 facilities other than retail or food service businesses;
(G) Convention and trade centers;
(H) Construction of buildings for corporate
			 headquarters;
(I) Product
			 distribution facilities;
(J)
			 Transportation or freight facilities;
(K) Scientific testing including, but not
			 limited to, medical, clinical or engineering testing services;
(L) Sports facilities not otherwise
			 prohibited under paragraph (2)(b)(D) of this rule;
(M) Nonprofit entities organized under
			 Section 501(c)(3) of the U.S. Internal Revenue Code ;
(N) Utilities, as allowed by ORS
			 285B.323(2);
(O) Management of waste;
(P) Other activities which represent a new
			 technology or type of economic enterprise that the Finance Committee determines
			 are needed to diversify the economic base of an area, or any other activities
			 allowed by Federal law.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0037 - Approval of Bond Closing Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.320 -
				  285B.371
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0040 - Extension

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.320 -
				  285B.371
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0050 - Confidential Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 11 - OREGON ECONOMIC DEVELOPMENT REVENUE BONDS › Section 123-011-0055 - Policies and Procedures for Identification of State's Bond Counsel for Economic Development Revenue Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 286A.130(1):
			 "The State Treasurer or a related agency may enter into one or more agreements
			 for bond counsel services for a period of not less than one year during any
			 biennium in which there are bonds outstanding that were issued for the state
			 agency or during any biennium in which the state agency expects the State
			 Treasurer to issue bonds for an agency program. A state agency may not enter
			 into an agreement for bond counsel services unless the State Treasurer and the
			 Attorney General have reviewed and approved the terms and conditions of the
			 agreement."
(2) In addition,
			 pursuant to ORS 286A.130(4),
			 the Department or the Treasurer may appoint bond counsel "by letter,
			 certificate or otherwise" to provide bond counsel services "for an individual
			 conduit revenue bond sale."
The Oregon State Treasurer has adopted an administrative rule
				to address the appointment of bond counsel for the Department's Economic
				Development Revenue Bonds.
While the law and rule allows for the Department to select an
				alternate bond counsel, the Department shall give preference to the contracted
				bond counsel selected through the public solicitation process, unless alternate
				bond counsel is accepted by the Department as outlined below. In order for the
				Department to consider alternate counsel, the following conditions must be
				satisfied:
(a) Prior to submitting the
			 application, the borrower must notify the Department in writing of the desire
			 to use alternate counsel.
(b) The
			 alternate counsel must meet all of the conditions outlined in OAR
			 170-061-0100. These conditions
			 include, but are not limited to, the alternate counsel agreeing and
			 representing to Treasury and the Department that it has been engaged as counsel
			 to the State of Oregon, who is its client, and that the firm will represent
			 solely the interests of the State of Oregon in connection with the Economic
			 Development Revenue Bond issuance.
(c) The Department must consent to the change
			 in counsel and obtain the approval of the Oregon State Treasurer and the
			 Attorney General for the State of Oregon.
(d) If there are any potential conflicts of
			 interest, a no conflict waiver must be approved to the satisfaction of the
			 Department, Treasurer and Attorney General.
(e) After approval by the Department and
			 receiving written approval from Treasurer and Attorney General, the Department
			 shall send a Letter of Appointment to the alternate counsel and alternate
			 counsel must mutually agree in writing to the terms and conditions of
			 representation.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 15 - INNOVATION INFRASTRUCTURE › Section 123-015-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: OL 2013, ch. 762
Stats. Implemented: OL 2013, ch.
				  762
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 15 - INNOVATION INFRASTRUCTURE › Section 123-015-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: OL 2013, ch. 762
Stats. Implemented: OL 2013, ch.
				  762
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 15 - INNOVATION INFRASTRUCTURE › Section 123-015-0300 - Performance Based Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 15 - INNOVATION INFRASTRUCTURE › Section 123-015-0400 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: OL 2013, ch. 762
Stats. Implemented: OL 2013, ch.
				  762
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 15 - INNOVATION INFRASTRUCTURE › Section 123-015-0500 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: OL 2013, ch. 762
Stats. Implemented: OL 2013, ch.
				  762
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 16 - BUSINESS RETENTION FUND › Section 123-016-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.224