Or. Admin. R. 123-635-0175 - Unique Operations
Under ORS 285C.503(5)(e), a business firm's operations that comprise a Facility proposed for preliminary certification must be new business operations respective to the site of the Facility and to any other location in this state where the firm also operates, such that:
(1) In the case of the
business firm itself, the business operations at the Facility must be
categorically different from any operations in which that same firm has
recently engaged. (As an example, a business firm may receive certification for
a Facility that will manufacture or distribute certain products here for the
first time, even if the firm already maintained operations in this state for
selling its products)
(2) In the
case where the business firm has 100-percent common equity interest or is under
common control (by way of corporate, familial or similar affiliations) with one
or more other business firms operating in this state, the business operations
at the Facility must be significantly dissimilar from the operations in which
any other such firm has recently engaged. (As an example, a corporate
subsidiary is certifiable for a new, first-in-Oregon facility fabricating a
laminated wood product, even if another wholly owned subsidiary of the same
parent company already makes a similar product in this state, but the new
operations utilize an advanced generation of technology with which the product
has higher performance standards or weight-bearing specifications)
(3) Irrespective of section (1) or (2) of
this rule, the acquisition of a preexisting Facility does not qualify as new
business operations, unless both of the following are satisfied:
(a) The business firm invests appreciably in
real property or extensively in terms of installing personal property at the
Facility after applying for preliminary certification; and
(b) The operations that the firm will
undertake pursuant to the new investment are significantly dissimilar from
operations recently performed at the Facility.
(4) For purposes of this rule:
(a) "Categorically different" means that the
existing, in-state business operations produce, render, deliver or provide
essentially another type of good or service for a distinct market segment or
customer base.
(b) "Recently" means
during the 12 months before the date, on which the Department received the
application for preliminary certification.
(c) "Significantly dissimilar" means that the
existing, in-state business operations, or the goods or services arising from
them, utilize different technology, processes, delivery methods, points in
supply chain, marketing, brand names or the like.
(5) How much a Facility's proposed operations
are like those of any other business (even one with partially shared
ownership), anywhere in Oregon, does not matter, except as provided under ORS
285C.503(4)(b)(A) and
(5)(f) to the extent that the operations will
compete with other employers in the local area as addressed in OAR
123-635-0270(4)(b) and
(5).
Notes
Statutory/Other Authority: ORS 285A.075
Statutes/Other Implemented: ORS 285C.500 & 285C.503
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.