Or. Admin. Code § 951-002-0010

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

Section 951-002-0010 - Eligibility Determination

(1) Except as set forth in sections (2), (3) and (4), the OFVO will approve the applications for eligibility for productions that satisfy the following requirements:

(a) The production satisfies the non-monetary portions of the "qualifying film or television production" definition.

(b) Projected spending in Oregon on the production is reasonably anticipated to equal or exceed US $1 million.

(c) The producer includes, with its application, a letter to the OFVO stating the producer's intent to film the production in Oregon and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of the rebate.

(2) The following productions are not eligible:

(a) Productions of a producer that has, or whose principals have, a verifiable history of previous production problems that create significant doubt, as determined by the OFVO, regarding the producer's ability to complete a production in Oregon successfully. The production problems may include, but are but not limited to:

(A) Unpaid financial obligations;

(B) Crew mistreatment; or

(C) Damage to locations that the producer did not repair upon completion of the production.

(b) Productions with respect to which the producer withdraws its application for eligibility determination.

(c) Productions whose applications for eligibility are filed at times when there are not sufficient funds available in the Oregon Production Investment Fund to pay the anticipated rebates.

(d) Productions that the OFVO determines are unlikely to further the purposes of the Oregon Production Investment Fund.

(e) Productions that pay any employee less than minimum wage as set forth in (Oregon minimum wage rule - ORS 653.025).

(f) Media production services projects (specifically, postproduction and interactive games) principally produced by media production services companies who's principal place of business is not located within the state of Oregon.

(3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the Oregon Production Investment Fund to pay anticipated rebates with respect to all of the productions, the OFVO will determine which applications to approve and which to deny based on the following factors:

(a) Satisfaction of requirements of section (1)

(b) Chronological order of receipt of application

(c) Amount of production spending anticipated in Oregon

(d) Number of film workers expected to be hired

(e) Experience level of producer

(f) Reputation of the producer and its principals

(g) Estimated production start date

(h) Other benefits to Oregon, including but not limited to promotional value, long-term financial benefits, contribution to development of Oregon's crew and talent base or production industry infrastructure.

(i) Whether the production company has contributed to the Oregon Production Investment Fund.

(j) Whether the production company intends to pay prevailing industry rates and provide health, retirement and other benefits.

(k) Whether receipt of a production rebate from the OPIF is a determining factor in bringing or keeping the production in Oregon.

(4) Upon approval of an application for eligibility with respect to a production, the producer must enter into a contract with OFVO stipulating the producer's intent to film the production in Oregon and setting forth the terms and conditions of the rebate. If the producer and the OFVO have not entered into the contract within 30 days of the production's eligibility approval, the production's eligibility will be automatically revoked unless the OFVO, in its discretion, extends the deadline for contract execution.

(5) No single qualifying film or television production or filmmaker or local filmmaker or media production services company or local media production services company can be awarded more than 50% of the entire OPIF fund (net the annual allocations for iOPIF and rOPIF) in any given single fiscal year.

Or. Admin. Code § 951-002-0010

FVO 4-2004, f. & cert. ef. 11-26-04; FVO 1-2007, f. & cert. ef. 6-1-07; FVO1-2008, f. &cert. ef. 6-27-08; FVO 1-2017, f. & cert. ef. 5/2/2017

Stat. Auth: ORS 284.335 & 284.368

Stats. Implemented: ORS 284.367 & 284.368