Or. Admin. R. 123-635-0250 - Determination of Preliminary Certification
Pursuant to a filing of a preliminary certification application as described in OAR 123-635-0200:
(1) The Department shall:
(a) Review the application for completeness;
and
(b) Determine whether the
business firm and the applicant's proposed Facility:
(A) Is at a Qualified Location;
(B) Represents Unique Operations; and
(C) May be reasonably expected to
satisfy the employment and other applicable requirements under ORS
285C.503(5).
(2) After
receipt of the application, the Department shall do the following:
(a) Notify the applicant in writing whether
it is complete; and
(b) Send a
copy of the application to the Municipal Corporations, in such a way that the
date of sending is recorded, unless officials of the Municipal Corporation have
already formally expressed support for the proposed Facility's use of this
program comparable to subsection (3)(b) of this rule.
(3)
(a) The
Department shall complete the determination described in subsection (1)(b) of
this rule, after receiving any additional information requested from the
applicant; but
(b) The
determination shall not be final sooner than 60 days from the date, on which
the Department sent the copy of the application to the Municipal Corporations,
unless they all have provided sufficient response, such as a written
confirmation of "no objection" from local officials based on communication with
governing body members.
(4) After fulfillment of section (3) of this
rule, the Department shall notify the applicant in writing of its decision,
which shall include but is not limited to the following, in the event that the
Department:
(a) Denies preliminary
certification, it shall send the applicant either notice consistent with OAR
123-001-0725 or only a written
statement of explanation if the denial results from an objection as described
in OAR 123-635-0270(2).
(b) Approves the preliminary
certification, it shall send a letter conferring preliminary certification.
(5) The Department
shall send notification of the final determination on preliminary certification
to relevant staff of the Department of Revenue.
(6) Subject again to the criteria and
procedures in this rule, a preliminary certified business firm may refile in
order to renew and advance the date of its preliminary certification for
purposes of OAR 123-635-0350(3).
(7) The Department may issue an
amended preliminary certification as appropriate, pursuant to revised
information about the proposed Facility as formally received from the business
firm before the end of the tax year, for which the first filing may be made
according to OAR 123-635-0350(2).
In determining whether to issue the amended preliminary certification, the
Department shall consider:
(a) Issues
described in OAR 123-635-0350(6);
and
(b) Material implications in
terms of ORS 285C.503(4)(b),
consulting with the Municipal Corporations beforehand as warranted.
Notes
Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 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.