reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 165 - RECOVERY ZONE BONDS › Section 123-165-0040 - Criteria for Reallocation Award of Recovery Zone Economic Development Bonds Cap

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the intent of the code and state priorities,
				the following criteria will be used to prioritize reallocation requests by the
				department:
(1) The relative level of
			 economic distress in the local community.
(2) The number of citizens benefiting from
			 the project.
(3) The estimated
			 positive economic, health, or environmental impact of the project on the local
			 community, region, and state.
(4)
			 The number of jobs created or retained by the project as can be best
			 estimated.
(5) Whether the
			 availability of the reallocation is a crucial part of attracting a new company
			 or keeping an existing company in place;
(6) Whether the requested reallocation will
			 benefit a project for which a recipient or other unit of local government is
			 issuing recovery zone bonds;
(7)
			 Whether the requested reallocation will benefit a project that was designated
			 by a recipient in connection with a previous waiver of its
			 allocation.
(8) The readiness of
			 the project to proceed including consideration for the likelihood that the
			 issuer will use the allocation within the timelines.
(9) The amount of other public and private
			 funding leveraged by the recovery zone economic development bond allocation.
(10) The amount of local community
			 support for the project, other agency support, and the degree the project
			 supports efficient use of resources.
Stat. Auth.: ORS
				  286A.630 &
				  285A.075
Stats. Implemented: ORS 286A.6304 &
				  285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 165 - RECOVERY ZONE BONDS › Section 123-165-0045 - Criteria for Reallocation Award of Recovery Zone Facility Bonds Cap

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the intent of the code and state priorities,
				the following criteria will be used to prioritize reallocation requests by the
				department:
(1) The relative level of
			 economic distress in the local community.
(2) The number of citizens benefiting from
			 the project.
(3) The estimated
			 positive economic impact of the project on the local community, region and
			 state.
(4) The number of jobs
			 created or retained by the project as can be best estimated.
(5) Whether the availability of the
			 reallocation is a crucial part of attracting a new company or keeping an
			 existing company in place;
(6)
			 Whether the requested reallocation will benefit a project for which a recipient
			 or other unit of local government is issuing recovery zone bonds;
(7) Whether the requested reallocation will
			 benefit a project that was designated by a recipient in connection with a
			 previous waiver of its allocation.
(8) The readiness of the project to proceed
			 including consideration for the likelihood that the issuer will use the
			 allocation within the timelines.
(9) The amount of other public and private
			 funding leveraged by the recovery zone facility bond allocation.
(10) The amount of local community support
			 for the project, other agency support, and the degree the project supports
			 efficient use of resources.
Stat. Auth.: ORS
				  286A.630 &
				  285A.075
Stats. Implemented: ORS 286A.6304 &
				  285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 165 - RECOVERY ZONE BONDS › Section 123-165-0050 - Rule Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The director may waive any non-statutory requirements of OAR
				chapter 123, division 165 if it is demonstrated such a waiver will further the
				goals and objectives of the program.
Stat. Auth.: ORS
				  286A.630 &
				  285A.075
Stats. Implemented: ORS
				  285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of OAR
			 123-200-1000 to
			 123-200-2200 is to adopt a
			 standard application form and procedure designed to provide complete
			 documentation for certification of businesses as minority, woman, or
			 service-disabled veteran owned business or an Emerging Small Business and to
			 adopt a procedure for handling complaints, investigations, and issuing
			 sanctions.
(2) The Certification
			 Office for Business Inclusion and Diversity (COBID) is the sole certification
			 agency for the State of Oregon and all political subdivisions. To the extent
			 there is any reference to the Office of Minority, Women, and Emerging Small
			 Business from the implementation of these rules forward, all references defer
			 to the agency's new name, COBID.
(3) The COBID shall certify Minority Business
			 Enterprises (MBE), Woman Business Enterprises (WBE), and businesses owned by
			 service-disabled veterans (SDV) under the State of Oregon certification program
			 based on ORS 200.055. The COBID shall also
			 certify Emerging Small Businesses (ESB) under the State of Oregon certification
			 program based on ORS 200.170. Any public contracting
			 agency shall consider an enterprise certified by the COBID as eligible to
			 participate in the certification programs pursuant to these rules in the State
			 of Oregon as defined in ORS
			 279.011(5).
(4) Certified firms are eligible to
			 participate on state funded projects to meet commitment requirements. Any
			 certified firm is eligible to participate in private or non-state funded
			 projects.
(5) These rules also
			 cover publication of a directory, ineligibility complaints, and representation
			 of the COBID in contested case hearings.
(6) In making a determination as to whether a
			 firm qualifies for certification, in addition to the rules contained herein,
			 the COBID defers to the Code of Federal Regulations 49 CFR part 26.
Statutory/Other Authority: ORS
				  285A.070, ORS
				  285A.075(1)(a)
				  & ORS 200.025(2)
Statutes/Other Implemented: ORS
				  200.055, ORS
				  200.170 & ORS
				  279.011
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  200.005 &
				  200.055
Stats. Implemented: ORS
				  200.005 &
				  200.055
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1210 - Minorities, Women and Service Disabled Veterans Certification - Determination of Socially and Economically Disadvantaged

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is a
			 rebuttable presumption that minorities, women, and service-disabled veterans
			 are socially and economically disadvantaged.
(2) The COBID may also determine on a
			 case-by-case basis other individuals who are socially and economically
			 disadvantaged. These individuals claiming disadvantaged status are required to
			 submit a socially and economically Disadvantaged Questionnaire administered by
			 COBID.
(3) Socially disadvantaged
			 individuals are people subject to racial or ethnic prejudice or cultural bias
			 because of their identity as members of a group without regard to individual
			 qualities.
(a) The social disadvantage must
			 stem from the individual's color, national origin, gender, physical handicap,
			 long-term residence in an environment isolated from the mainstream of American
			 society, or other similar cause beyond the individual's control.
(b) The applicant must demonstrate:
(A) He or she personally suffered the
			 disadvantage because of treatment in the United States; and
(B) The disadvantage was chronic,
			 long-standing, and substantial, and was not fleeting or
			 insignificant.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1220 - Determination of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining
			 whether the socially disadvantaged individual(s) in a firm owns the firm, the
			 COBID must consider all the facts in record viewed as a whole.
(2) One or more socially disadvantaged
			 individuals must own at least 51% of the business. COBID will apply the
			 standards a criteria for ownership as set out in
			 49 CFR §
									26.69 (e-CFR 2015 Edition).
(a) In the case of a corporation, such
			 individual(s) must own at least 51 percent of each class of voting stock
			 outstanding and 51 percent of the aggregate of all stock outstanding.
(b) In the case of a partnership, the
			 socially disadvantaged individual(s) must own 51 percent of each class of
			 partnership interest. The ownership must also reflect in the firm's partnership
			 agreement.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1230 - Determination of Independence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The business
			 must be a "for profit," independent, properly licensed, and registered with the
			 Secretary of State in the State of Oregon.
(2) In determining whether a certified firm
			 is an independent business, the COBID must scrutinize relationships with
			 non-certified firms in such areas as personnel, facilities, equipment,
			 financial and/or bonding support, and other resources.
(3) The COBID may consider whether present or
			 recent employer/employee relationships between the owner(s) of the applicant
			 firm and non-certified firms, or persons associated with non-certified firms,
			 compromise the independence of the applicant firm.
(a) The COBID may examine the applicant
			 firm's relationships with prime contractors to determine whether a pattern of
			 exclusive or primary dealings with a prime contractor compromises the
			 independence of the applicant firm.
(b) While reviewing factors related to the
			 independence of an applicant firm, the COBID must consider the consistency of
			 relationships between the firm and non-certified firms with normal industry
			 practice.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1240 - Determination of Management Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All legal
			 documents and financial statements must clearly document that the qualifying
			 individual has management and control of the firm.
(2) The qualifying individual(s) must hold
			 the highest officer position in the company (e.g. chief executive officer or
			 president).
(a) In a corporation, the
			 qualifying individual(s) must control the Board of Directors.
(b) In a partnership, one or more qualifying
			 owner(s) must serve as general partners, with control over all partnership
			 decisions.
(c) In order for a
			 qualifying individual to control a partnership, any non-qualifying partners
			 must not have the power, without the specific written concurrence of the
			 qualifying partner(s), to contractually bind the partnership or subject the
			 partnership to contract or tort liability.
(d) Qualifying individuals and/or firms must
			 not be subject to any formal or informal restrictions, which limit the
			 customary discretion of the qualifying owner(s). There can be no restrictions
			 (i.e., through corporate charter provisions, by-laws, contracts, or any other
			 formal or informal devices) preventing the qualifying owners from making any
			 business decisions for the firm without the cooperation or vote of any
			 non-certified individual.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1300 - Certification: Application and Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Businesses
			 seeking certification must complete the Certification Application provided by
			 the COBID.
(2) Applicants seeking
			 certification as an Airport Concession Disadvantage Business Enterprise (ACDBE)
			 or Disadvantage Business Enterprise (DBE) through COBID must meet the
			 eligibility criteria set out in 49 CFR parts 23 and 26 and any written
			 directives, administrative guidelines, and written decisions of the U.S.
			 Department of Transportation.
(3)
			 Applicants seeking certification as a MBE, WBE, VBE or ESB must meet the
			 eligibility criteria set out in ORS Chapter 200 and OAR
			 123-200-1000 to OAR
			 123-200-2300.
(4) A completed application, together with
			 all required supporting documentation, shall be submitted through the
			 e-application process, by mail or in person to the Certification Office for
			 Business Inclusion and Diversity, 775 Summer St. NE, Suite 200, Salem OR 97301.
			 The COBID will not process incomplete applications.
(5) The COBID will take action on completed
			 applications as promptly as its resources permit. The order of priority for
			 processing applications shall be the date the COBID receives the complete
			 application including all supporting documentation.
(6) The COBID may conduct a phone interview
			 or on-site investigation at the applicant's place of business and/or jobsite if
			 applicable. The purpose of the interview and/or site visit is to verify
			 material submitted with the application and to substantiate
			 eligibility.
(7) As part of its
			 investigation, the COBID may require applicants to provide information in
			 addition to that requested on the application. The applicant has the burden of
			 proving that he or she is eligible for certification.
(8) The applicant must cooperate fully with
			 the investigation and make available any additional information requested by
			 the COBID.
(9) The COBID shall
			 notify applicants promptly by mail after making a decision. When the COBID
			 denies an application, the letter shall set forth the specific reasons for the
			 denial.
(10) In making
			 certification determinations under this section, the COBID does not consider
			 whether the business has previously performed or would be able to perform a
			 commercially useful function. Repeated failure by a business to perform a
			 commercially useful function may indicate, however, that the business is not
			 independent, owned, or controlled by a qualifying individual.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  200.055
Statutes/Other Implemented: ORS
				  200.055
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1400 - Certification Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All certifications are valid for three
			 years.
(2) The COBID will send an
			 annual "no change" statement to firms, approximately 30 days prior to the
			 one-year and two-year anniversaries of the certification date. The applicant
			 must complete the statement, provide federal tax information for the previous
			 year, and provide documentation supporting any changes prior to the anniversary
			 date, or the COBID will decertify the firm.
(3) The COBID will send a certification
			 review notice to certified firms approximately two months prior to the firm's
			 anniversary date. The applicant shall promptly return the application along
			 with any requested documentation (e.g., by-law amendments, evidence of changes
			 in ownership, etc.). The COBID will review the signed application to determine
			 continued eligibility and may conduct an on-site investigation to verify
			 information submitted.
(4) The
			 qualifying individual must demonstrate that his or her business currently meets
			 the qualifications for the requested certification. It is the responsibility of
			 the qualifying individual to provide the information deemed necessary by the
			 COBID to ascertain eligibility. Failure to return the certification review form
			 or provide supporting documentation may lead to decertification.
Statutory/Other Authority: ORS
				  200.005
Statutes/Other Implemented: ORS
				  200.006
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1500 - Denial and Decertification of MBE, WBE, and VBE Firms

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The COBID may deny or decertify a firm at any time it determines that the firm
			 does not or no longer meets the eligibility standards set out in OAR
			 123-200-1000 through
			 123-200-2300 and ORS
			 200.005. The procedure is as
			 follows:
(a) In the case of denial of initial
			 certification, the COBID will notify the applicant in writing of the denial and
			 provide a detailed explanation supporting the reasons for denial.
(b) In the case of decertification, the COBID
			 shall issue a Notice of Intent to Decertify the firm 21 days prior to the date
			 of decertification and provide a detailed explanation to support the reasons
			 for the determination.
(c) In the
			 event of a denial or decertification, the applicant or certified firm has 21
			 calendar days from the date of notice in which to submit a written appeal to
			 the manager of the COBID. Following the review of the applicant's written
			 appeal, the manager of the COBID will issue a decision.
(d) If the applicant or certified firm does
			 not agree with the manager's decision, he or she may request a contested case
			 hearing. The COBID will conduct a contested case hearing in accordance with ORS
			 183.310 to
			 183.550. Following the contested
			 case hearing, the Hearings Officer will forward a proposed order to the manager
			 of the COBID for issuance of a final order.
(e) If the applicant or certified firm files
			 an appeal in writing or requests a contested case hearing, the COBID will stay
			 the denial or decertification pending the issuance of the final order. If the
			 applicant or certified firm does not submit a written appeal or request for a
			 contested case hearing to the COBID within the 21-day period, the denial or
			 decertification shall be final.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1600 - Eligibility Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ESB
			 program is race and gender neutral and is based on the size of the business,
			 not the individual applicant.
(2)
			 A firm's certification as an ESB may only last for a maximum of 12 consecutive
			 years from the original certificate date and qualify as a tier one or tier two
			 firm.
(a) A certified firm may only remain in
			 each tier for a period of six years.
(b) If the firm graduates to a tier two
			 status, due to size, before exhausting six years of certification under tier
			 one, the firm's certification in tier two must not exceed a period of six
			 years, regardless of the firm's certification period as tier one.
(c) If an applicant provides compelling
			 information to show, to the satisfaction of the COBID, that he or she has not
			 received an opportunity to bid on ESB projects during the 12 years of
			 eligibility, the COBID will extend the certification of the firm for one
			 additional year. A firm may receive the extension only once. The firm must
			 provide a written request for an extension to the COBID, including any
			 supporting documentation.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1700 - ESB Certification: Application Form and Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The COBID will utilize ORS
			 200.170 to review a business'
			 eligibility for certification as an ESB.
(2) A firm wishing to apply for certification
			 in the ESB program shall complete the application provided by the COBID.
(3) The completed application,
			 together with all required supporting documentation, shall be submitted to the
			 Certification Office for Business Inclusion and Diversity at 775 Summer Street
			 NE, Suite 200, Salem, OR 97301. The COBID will not process incomplete
			 applications.
(4) The COBID will
			 conduct a review and take action on completed applications as promptly as
			 resources permit. The order of priority for processing applications shall be
			 the date the COBID receives the completed application with all supporting
			 documentation.
(5) The COBID shall
			 make a determination based on the eligibility standards included in these rules
			 and the applicable laws of the State of Oregon. As part of its investigation,
			 the COBID may require the applicant firm to provide information in addition to
			 that requested on the application. The applicant(s) has the burden of proving
			 the firm is eligible for certification and meets all the requirements of the
			 program. If the COBID certifies the firm, the agency will send a confirmation
			 letter.
(6) The applicable
			 emerging small business size standard for each applicant set out in ORS
			 123-200-1600 shall be determined by the business' primary service offered.
(7) Registration of the business
			 with the Construction Contractors Board and/or Landscape Contractors Board will
			 establish a firm as a construction firm. For the purposes of this program, the
			 COBID will consider a construction-related trucking business as a construction
			 firm. The COBID does not consider Engineering and Architecture firms as
			 construction firms.
Stat. Auth.: ORS
				  200.055
Stats. Implemented: ORS
				  200.055,
				  200.170
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1800 - Certification Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certification as an ESB is valid for three years from the date of
			 certification.
(2) The COBID will
			 send an annual "no-change" statement to firms approximately 30 days prior to
			 the one-year and two-year anniversaries of the certification date. The
			 applicant must submit a completed statement, along with federal tax information
			 for the previous year and documentation of any changes, prior to the
			 anniversary date or the firm will be decertified.
(3) The ESB shall notify the COBID within 30
			 days of any changes, which may affect its continued eligibility in the program.
			 Failure to notify the COBID may result in denial or decertification.
(4) The COBID will send a certification
			 review notice and application to certified firms 60 days prior to expiration of
			 current certification. The applicant shall promptly return the completed
			 application along with any requested documentation (i.e. evidence of change in
			 ownership, federal tax returns for the last year, etc.). Continued
			 certification is not automatic. The applicant must demonstrate that his or her
			 business still meets the criteria set out in OAR
			 123-200-1600 through
			 123-200-1700.
(5) The COBID staff shall review the signed
			 application to determine the firm has continued eligibility. The COBID may also
			 request additional information to verify the firm has continued eligibility.
(6) Failure to return the
			 completed review application by the expiration date shall result in
			 decertification.
Stat. Auth.: ORS
				  200.055
Stats. Implemented: ORS
				  200.055
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-1900 - Denial and Decertification of ESB Firms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies only to the denial and
			 decertification of a firm's ESB status under Oregon law. The COBID may deny
			 certification or decertify a firm at any time if the agency determines that the
			 firm no longer meets eligibility standards set out in OAR
			 123-200-1600. The procedure is
			 as follows:
(a) The COBID will issue a Notice
			 of Intent to Deny Certification in the case of denial of initial certification
			 and the reasons therefore.
(b) In
			 the case of decertification, the COBID shall issue a Notice of Intent to
			 Decertify the firm 21 days prior to the date of decertification, and indicate
			 the specific reasons for the decision.
(c) In the event of a denial or
			 decertification, the applicant or firm representative has 21 calendar days from
			 the date of notice in which to submit a written appeal to the manager of the
			 COBID. Following the review of the applicant's written appeal, the manager of
			 COBID will issue a decision.
(d)
			 If the applicant or firm representative does not agree with the manager's
			 decision, he or she may request a contested case hearing. The COBID will
			 conduct a contested case hearing in accordance with ORS
			 183.310 to
			 183.550. Following the contested
			 case hearing, the Hearings Officer will forward a proposed order to the COBID.
			 The manager of the COBID will issue a final order.
(e) If the applicant or firm representative
			 files an appeal in writing or requests a contested case hearing, the COBID will
			 stay the denial or decertification pending the issuance of the final order. If
			 the applicant or certified firm does not submit a written appeal or request for
			 a contested case hearing to the COBID within the 21-day period, the denial or
			 decertification shall be final.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-2000 - Complaints of Ineligibility for All Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A complainant must submit a Complaint of
			 Ineligibility regarding certification of an individual or firm to the COBID.
			 The COBID will process complaints according to the following procedure:
(a) Any individual or agency who believes
			 that an individual or certified firm does not qualify under the standards of
			 eligibility for certification may file a complaint of ineligibility. The
			 complainant(s) must fill out a formal complaint form provided by the COBID. The
			 purpose of the complaint process is to maintain the transparency of all
			 programs.
(b) The complainant must
			 use the form provided and submit the document to the COBID setting forth facts,
			 which indicate that the applicant or certified firm is not eligible. The
			 complaint must include copies of any supporting documents the complainant(s)
			 may possess. The complainant(s) shall describe the facts in as much detail as
			 possible.
(c) The COBID will only
			 investigate complaints based on firsthand knowledge and those that contain
			 allegations supported by evidence. The COBID will not investigate anonymous or
			 third party complaints. Complaints based on hearsay (i.e. third person account,
			 general assumption, word-of-mouth, and/or speculation) will not be
			 investigated. The COBID does not accept general allegations. The COBID will not
			 investigate unsupported complaints and will return the document to the
			 complainant.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-2200 - Representation of the COBID by Officer or Employee in Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An officer or
			 employee of the COBID may appear on behalf of the COBID in contested case
			 hearings, subject to the approval and authorization of the Attorney General.
(2) The COBID representative may
			 not make legal argument on behalf of the COBID.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the COBID to hear the
			 contested case;
(B) The
			 constitutionality of a statute, rule, or the application of a constitutional
			 requirement to the COBID; 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 200 - CERTIFICATION PROCEDURES › Section 123-200-2210 - Contracting Agency Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the public agency's sole
			 responsibility to perform commercially useful function (CUF) reviews.
(2) The COBID may consider and
			 review the CUF reviews completed by the public contracting agency or any other
			 relevant factors when determining whether the certified firm has exhibited a
			 pattern of failing to perform CUFs.
(3) Notwithstanding any other part of this
			 section, the COBID and a public contracting agency may enter into an agreement
			 to share and protect information and otherwise cooperate in order to facilitate
			 the enforcement of ORS
			 200.065 and ORS
			 200.075, as permitted by ORS
			 192.410 to
			 192.505.
(a) The COBID, for purposes of an
			 investigation regarding certification, will consider CUF reviews under the
			 following circumstances:
(i) During the
			 course of a project
(ii) When
			 multiple reviews occur over an extended period suggesting reoccurring
			 violations
(iii) Within three
			 years of the discovery of an alleged CUF failure.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 200 - CERTIFICATION PROCEDURES › Section 123-200-2300 - Directory

Current through Register Vol. 63, No. 7, July 1, 2024
The COBID shall maintain a statewide-unified directory of
				certified firms as follows:
(1)
			 Certified firms shall use the current business name as registered with the
			 Secretary of State, Corporation Division. Businesses operating under the
			 owner's individual name shall use the name listed on the business license. The
			 firm may not use other names when contracting business. A firm may use an
			 Assumed Business Name for contracting purposes, but only if the name is in
			 conjunction with the registered business name.
(2) The directory will be maintained in an electronic format and
			 available on-line. The directory shall indicate the certification status of
			 each firm for all programs. The directory shall also include the firm's
			 telephone numbers, fax number, and mailing address and list the firm's
			 capabilities.
(3) The COBID shall
			 update the directory on a daily basis including changes in business and email
			 addresses and phone number(s).
(4)
			 It is the responsibility of the applicant and certified business to notify the
			 COBID within 30 days of any changes in its ownership or management, which may
			 affect eligibility. Failure to notify the COBID may result in denial or
			 decertification.
Stat. Auth.: ORS
				  200.055
Stats. Implemented: ORS
				  200.055
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division of administrative rules is to carry out the provisions of the Act
			 as they pertain to the administration of the Community Lenders' Loan Loss
			 Account Program. These rules provide definitions, program procedures, lender
			 eligibility requirements, account and contract requirements for Program
			 lenders, and Borrower loan eligibility requirements for operation of the
			 Program.
(2) The intent of the
			 Community Lenders' Loan Loss Account Program is to make awards to eligible
			 lenders, that are unable to access existing Department programs, to fund Loan
			 Loss Reserve Accounts for the purpose of increasing their lending to business
			 owners and entrepreneurs who lack access to capital to start or grow their
			 businesses due to factors including, but not limited to:
(a) Limited net worth of the Borrower and its
			 Principal(s) guaranteeing the loan;
(b) Lack of adequate business and/or personal
			 assets available to pledge as collateral;
(c) Limited business and/or personal
			 liquidity normally required to qualify for traditional commercial credit
			 options;
(d) Limited time in
			 business and/or credit history; and,
(e) Lack of financial training and capacity
			 to prepare and compile business plans, financial statements, and projections
			 necessary to support a business loan request.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division of administrative rules is to carry out the provisions of the Act
			 as they pertain to the administration of the Community Lenders' Loan Loss
			 Account Program. These rules provide definitions, program procedures, lender
			 eligibility requirements, account and contract requirements for Program
			 lenders, and Borrower loan eligibility requirements for operation of the
			 Program.
(2) The intent of the
			 Community Lenders' Loan Loss Account Program is to make awards to eligible
			 lenders, that are unable to access existing Department programs, to fund Loan
			 Loss Reserve Accounts for the purpose of increasing their lending to business
			 owners and entrepreneurs who lack access to capital to start or grow their
			 businesses due to factors including, but not limited to:
(a) Limited net worth of the Borrower and its
			 Principal(s) guaranteeing the loan;
(b) Lack of adequate business and/or personal
			 assets available to pledge as collateral;
(c) Limited business and/or personal
			 liquidity normally required to qualify for traditional commercial credit
			 options;
(d) Limited time in
			 business and/or credit history; and,
(e) Lack of financial training and capacity
			 to prepare and compile business plans, financial statements, and projections
			 necessary to support a business loan request.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0200 - Authority to Implement the Program

Current through Register Vol. 63, No. 7, July 1, 2024
The manager of the Department's Business Finance programs, or
				their designee, may execute documents reasonably necessary or convenient to
				implement and administer the Program.
Statutory/Other Authority: ORS
				  285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0201 - Authority to Implement the Program

Current through Register Vol. 63, No. 7, July 1, 2024
The manager of the Department's Business Finance programs, or
				their designee, may execute documents reasonably necessary or convenient to
				implement and administer the Program.
Statutory/Other Authority: ORS
				  285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0300 - Lender Eligibility and Award Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program awards
			 to lenders will be made through a competitive RFP process administered by the
			 Department, of which no more than 10% of the available funds may be awarded to
			 any single lender as a result of any RFP process.
(2) The Department shall determine a lender's
			 eligibility to participate in the Program, based on the submitted proposal and
			 other information the Department may deem necessary. An eligible Program lender
			 is one that is both:
(a) A Qualified Lender;
			 and,
(b) Meets the criteria of a
			 Community Lender.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0301 - Lender Eligibility and Award Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program awards to lenders will be made
			 through a competitive RFP process administered by the Department, of which no
			 more than 10% of the available funds may be awarded to any single lender as a
			 result of any RFP process.
(2) The
			 Department shall determine a lender's eligibility to participate in the
			 Program, based on the submitted proposal and other information the Department
			 may deem necessary. An eligible Program lender is one that is both:
(a) A Qualified Lender; and,
(b) Meets the criteria of a Community
			 Lender.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0500 - Establishing a Loan Loss Reserve Account; State Transfer of Award funds to Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30 days
			 after the Department and lender execute an Agreement, lender and Department
			 shall establish a Loan Loss Reserve Account in accordance with the Department's
			 policies for the benefit of ("FBO") the lender to receive the Program Award.
			 The Loan Loss Reserve Account shall be a segregated account established and
			 maintained with a financial institution, as defined in ORS
			 706.008. The Department requires
			 use of an interest-earning demand deposit account and only Program Award funds
			 and earnings on the Award may be held in the account unless otherwise agreed to
			 by the lender and the Department.
(2) Lender shall confirm in writing to the
			 Department the establishment of the Loan Loss Reserve Account as required in
			 section (1) of this rule and provide information necessary to facilitate the
			 transfer of award funds to the Account within 30 days after the Department and
			 lender execute an Agreement.
(3)
			 The Department shall transfer from the Fund to the Loan Loss Reserve Account of
			 a lender the amount the Department awards to the lender for the Program and
			 that lender accepts. Such transfer shall occur within 15 days after the lender
			 provided notice as required in section (2) of this rule.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285B.780 - ORS
				  285B.799
Statutes/Other Implemented: ORS
				  285B.780 - ORS
				  285B.799 & ORS
				  706.008
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0501 - Establishing a Loan Loss Reserve Account; State Transfer of Award funds to Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30
			 days after the Department and lender execute an Agreement, lender and
			 Department shall establish a Loan Loss Reserve Account in accordance with the
			 Department's policies for the benefit of ("FBO") the lender to receive the
			 Program Award. The Loan Loss Reserve Account shall be a segregated account
			 established and maintained with a financial institution, as defined in ORS
			 706.008. The Department requires
			 use of an interest-earning demand deposit account and only Program Award funds
			 and earnings on the Award may be held in the account unless otherwise agreed to
			 by the lender and the Department.
(2) Lender shall confirm in writing to the
			 Department the establishment of the Loan Loss Reserve Account as required in
			 section (1) of this rule and provide information necessary to facilitate the
			 transfer of award funds to the Account within 30 days after the Department and
			 lender execute an Agreement.
(3)
			 The Department shall transfer from the Fund to the Loan Loss Reserve Account of
			 a lender the amount the Department awards to the lender for the Program and
			 that lender accepts. Such transfer shall occur within 15 days after the lender
			 provided notice as required in section (2) of this rule.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285B.780 - ORS
				  285B.799
Statutes/Other Implemented: ORS
				  285B.780 - ORS
				  285B.799 & ORS
				  706.008
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0600 - Ownership, Control, Investment of Loan Loss Reserve Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ownership of
			 the Loan Loss Reserve Account shall be attributed to the lender's EIN (tax
			 ID).
(2) The Department and the
			 Department only shall control the Loan Loss Reserve Account and have oversight
			 over the Account during the term of the Agreement. The Department may authorize
			 the lender's withdrawal and use of a specified amount of funds from a Loan Loss
			 Reserve Account only as provided in this division of administrative rules and
			 the Agreement, namely for approved Enrolled Loan Loss, or upon release of a
			 lender from an Agreement.
(3) Until
			 such time that a lender achieves all the requirements specified in the
			 Agreement for the 10-year maintenance period and is released from their
			 obligations under the Agreement, the balance of all moneys in the lender's Loan
			 Loss Reserve Account are subject to return and repayment to the State of
			 Oregon, acting by and through the Department.
(4) Any earnings on the balance in a Loan
			 Loss Reserve Account are subject to the same restrictions as provided in
			 section (3) above.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285B.780 - ORS
				  285B.799
Statutes/Other Implemented: ORS
				  285B.780 - ORS
				  285B.799 & ORS
				  706.008
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0601 - Ownership, Control, Investment of Loan Loss Reserve Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ownership of
			 the Loan Loss Reserve Account shall be attributed to the lender's EIN (tax
			 ID).
(2) The Department and the
			 Department only shall control the Loan Loss Reserve Account and have oversight
			 over the Account during the term of the Agreement. The Department may authorize
			 the lender's withdrawal and use of a specified amount of funds from a Loan Loss
			 Reserve Account only as provided in this division of administrative rules and
			 the Agreement, namely for approved Enrolled Loan Loss, or upon release of a
			 lender from an Agreement.
(3) Until
			 such time that a lender achieves all the requirements specified in the
			 Agreement for the 10-year maintenance period and is released from their
			 obligations under the Agreement, the balance of all moneys in the lender's Loan
			 Loss Reserve Account are subject to return and repayment to the State of
			 Oregon, acting by and through the Department.
(4) Any earnings on the balance in a Loan
			 Loss Reserve Account are subject to the same restrictions as provided in
			 section (3) above.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285B.780 - ORS
				  285B.799
Statutes/Other Implemented: ORS
				  285B.780 - ORS
				  285B.799 & ORS
				  706.008
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0700 - Loan Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lender may
			 apply to the Department to enroll a Qualified Loan in the Program. The
			 Department, at its sole discretion will determine whether a Loan is eligible
			 and meets all the requirements for enrollment.
(2) A Qualified Loan does not mean a loan:
(a) With a variable interest rate;
(b) With an origination fee that exceeds
			 1.5%, and with an annual interest rate that exceeds the lesser of 18% or the
			 Prime Rate plus 7%;
(c) With an
			 origination fee that is equal to or exceeds 1.5%;
(d) With an annual interest rate that exceeds
			 the lesser of 18% or the Bank Short-Term Rate plus 7%;
(e) That results in more than $250,000 being
			 enrolled into the Program for any Business, or any affiliates or subsidiaries
			 of a Business;
(f) For working
			 capital with a term exceeding seven years;
(g) For working capital with an amortization
			 exceeding seven years;
(h) For
			 capital assets with a term exceeding the useful life of the assets;
(i) For capital assets with amortization
			 exceeding the useful life of the assets;
(j) For the purchase of real property that is
			 not used for the business operations of the Borrower;
(k) For the purchase of owner-occupied
			 residential housing;
(l) For the
			 construction, improvement or purchase of residential housing that is owned, or
			 to be owned, by the Principal or their immediate family members.
(m) For the purchase of securities;
(n) For the purpose of lobbying
			 activities;
(o) For the purpose of
			 repayment of delinquent federal, state, county or other local government taxes;
			 and,
(p) That includes, in whole or
			 part:
(A) The refinancing of an existing loan
			 made by the lender to the Borrower;
(B) The refinancing of an existing loan
			 enrolled in another state or federal credit enhancement or credit insurance
			 program;
(C) The refinancing of an
			 existing personal loan not used for business purposes;
(D) Reimbursement of funds owed to any owner,
			 including funds to repay any equity injection or injection of capital for the
			 business' continuance;
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 300 - Community Lender Loan Loss Account Program › Section 123-300-0701 - Loan Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 lender may apply to the Department to enroll a Qualified Loan in the Program.
			 The Department, at its sole discretion will determine whether a Loan is
			 eligible and meets all the requirements for enrollment.
(2) A Qualified Loan does not mean a loan:
(a) With a variable interest rate;
(b) With an origination fee that exceeds
			 1.5%, and with an annual interest rate that exceeds the lesser of 18% or the
			 Prime Rate plus 7%;
(c) With an
			 origination fee that is equal to or exceeds 1.5%;
(d) With an annual interest rate that exceeds
			 the lesser of 18% or the Bank Short-Term Rate plus 7%;
(e) That results in more than $250,000 being
			 enrolled into the Program for any Business, or any affiliates or subsidiaries
			 of a Business;
(f) For working
			 capital with a term exceeding seven years;
(g) For working capital with an amortization
			 exceeding seven years;
(h) For
			 capital assets with a term exceeding the useful life of the assets;
(i) For capital assets with amortization
			 exceeding the useful life of the assets;
(j) For the purchase of real property that is
			 not used for the business operations of the Borrower;
(k) For the purchase of owner-occupied
			 residential housing;
(l) For the
			 construction, improvement or purchase of residential housing that is owned, or
			 to be owned, by the Principal or their immediate family members.
(m) For the purchase of securities;
(n) For the purpose of lobbying
			 activities;
(o) For the purpose of
			 repayment of delinquent federal, state, county or other local government taxes;
			 and,
(p) That includes, in whole or
			 part:
(A) The refinancing of an existing loan
			 made by the lender to the Borrower;
(B) The refinancing of an existing loan
			 enrolled in another state or federal credit enhancement or credit insurance
			 program;
(C) The refinancing of an
			 existing personal loan not used for business purposes;
(D) Reimbursement of funds owed to any owner,
			 including funds to repay any equity injection or injection of capital for the
			 business' continuance;