Or. Admin. Code § 123-650-4900

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-650-4900 - Agency Determinations

The Department shall thoroughly review the documentation submitted with an enterprise zone designation, re-designation or boundary change, as described in OAR 123-650-4100 or 123-650-4400, and shall notify the submitter as soon as possible of the determination under ORS 285C.074 or 285C.117, such that:

(1) Subject to procedural matters' being in order and satisfaction of statutory requirements according to applicable parts of these administrative rules, the Department shall issue a notice of positive determination, which will establish salient features of the (amended) enterprise zone, including but not limited to hotel/resort eligibility, as well as the date that the re-/designation or boundary change takes effect, which shall be:

(a) The date that the last resolution of consent or sponsorship was adopted for a designation;

(b) July 1 in the case of concurrent re-designation under ORS 285C.250 if the last sponsoring or consent resolution was adopted on or before June 30;

(c) The date that the last resolution by any cosponsor was adopted for a boundary change; or

(d) For any resubmission pursuant to section (3) of this rule:

(A) The date coinciding with the Department's receipt of a complete resubmission (in terms of all items needing to be revised, modified or redone), inasmuch as the Department deems the extent of necessary revisions or the amount of time that has elapsed to have been significant; or

(B) The date of adoption of the last applicable resolution replacing or supplementing prior resolutions.

(2) The determination is otherwise negative and the enterprise zone or any amendment to the enterprise zone does not take effect, including but not limited to cases otherwise prohibited in accordance with OAR 123-650-0500 to 123-650-0700 or where:

(a) Documentation is inaccurate, inapplicable, incomprehensible, or insufficiently current including but not limited to section (4) of this rule;

(b) The enterprise zone or an amendment encompasses area in any existing enterprise zone that will not have been Terminated-by-Statute or removed by another boundary change before the requisite effective date; or

(c) A Sponsoring Government or new cosponsor is a city, port or county that sponsored an enterprise zone terminated early by order of the Director according to OAR 123-650-9100(1)(b) within the past 10 years by the time of the requisite effective date, other than a county or port if a port/city also sponsored the terminated zone and none of the new enterprise zone area was inside that terminated zone.

(3) The Department shall promptly issue a formal explanation (at least by email) to the Sponsoring Government(s) or zone sponsor subject to a negative determination, regarding unmet requirements or deficiencies with documentation, as well as what might be done for resubmission that entails either:

(a) More or less minor revisions or additions to documentation, with which the Department may assist, and for which a relatively quick resolution would allow the re-/designation or boundary change to take effect as described in subsection (1)(a) to (c) of this rule; or

(b) Fundamental modifications to the re-/designated or amended zone or its associated documentation, which could also necessitate redoing otherwise faultless steps or documentation with respect to the time limits in section (4) of this rule.

(4) Relative to when complete documentation is re/submitted to the Department or the effective date in section (1) of this rule, whichever is later, the following are not acceptable for purposes of a positive determination:

(a) Economic data, statistics and so forth that have been superseded by the release or availability of the very same but newer/annually updated data or statistics;

(b) The notice to local taxing districts and any consequent consultative activities described in OAR 123-650-5000 to 123-650-5500, if the notice was sent more than a year prior;

(c) Any sponsoring or consent resolution older than nine months in the case of a boundary change or six months in the case of zone re-/designation; or

(d) Documentation for school support fee that does not (newly) re/establish the fee rate with any school district inside the enterprise zone after the advisory in OAR 123-650-4000 and before adoption of a resolution by any Sponsoring Government.

(5) For zone re-/designation, nothing in this rule overrides that the actions in subsections (4)(b) and (c) of this rule and related steps must commence in due order only after the advisory to and consultation with the Department under ORS 285C.074 and 285C.078, which shall occur for re-designations only within six months of when the zone will be Terminated-by-Statute.

Or. Admin. Code § 123-650-4900

OBDD 15-2015, f. & cert. ef. 11/12/2015; OBDD 9-2016, f. & cert. ef. 9/16/2016; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075, 285C.060(1), 285C.066 & 285C.067(2)

Statutes/Other Implemented: ORS 285C.060, 285C.065, 285C.066, 285C.067, 285C.070, 285C.074, 285C.078, 285C.090, 285C.115, 285C.117 & 285C.250