Or. Admin. Code § 951-002-0020

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

Section 951-002-0020 - Payment of rebates

(1) Regardless of whether the production is otherwise a qualifying film or television production or whether the OFVO determined the production eligible, rebates from the Oregon Production Investment Fund will only be paid pursuant to and upon the terms and conditions of a contract entered into between the OFVO and producer pursuant to OAR 951-002-0010(4). If no contract is entered into, no rebates will be paid. Amounts paid by the production to an individual or company in excess of $1 million are excluded and ineligible for a rebate.

(2) In addition to any other terms and conditions that the OFVO considers necessary or desirable, contracts for Oregon Production Investment Fund rebates will usually include the following:

(a) A requirement that the producer submit to the OFVO, after completion of the production work in Oregon, financial and other records sufficient to verify that the production satisfied the minimum expenditure requirement for a rebate.

(b) Authorization for the OFVO to deduct from the rebate the costs reasonably incurred by the OFVO in verifying the production expenditures in Oregon, including but not limited to, the costs incurred by OFVO in obtaining an outside accounting review, audit, or both, of the financial and other records evidencing the expenditures. The OFVO will usually submit the expenditure documentation to an outside accounting firm for a review after the OFVO has completed its review. Based on the advice of the outside accounting firm, the OFVO may require an audit of the production's financial records.

(c) Provisions conditioning OFVO's obligation to pay the rebate on the producer's compliance with the terms of the contract and satisfactory verification of production spending in Oregon of at least US $1 million.

(d) Provisions conditioning OFVO's obligation to pay the rebate on the production spending in Oregon after the date that OFVO approves the production's eligibility, of at least US $1 million.

(e) Production to provide final crew and vendor lists with final accounting.

(f) Production to provide promotional materials (such as photos, trailers, electronic press kits) to OFVO. OFVO may use such materials strictly for non profit purposes such as for archival, governmental relations and marketing purposes. OFVO shall not grant usage to any other entity and shall request additional permission prior to any use other than those listed. OFVO understands that talent contracts may prohibit use of actors' images without express permission and agrees to abide by such agreements when advised of the production company of said limitations.

(g) Productions receiving rebates will include the approved "Oregon Film" logo and/or the "Oregon Made" logo in the final end crawl or packaging of the project wherever allowed by Filmmaker's contracts with its clients.

(h) Productions receiving rebates are required to have a written diversity, equity and inclusion policy to hire or contract with individuals from underrepresented groups as of the date on which the company submits an application for reimbursement. In accordance with that written policy, each company must actively engage in good faith efforts to hire or contract with individuals from underrepresented groups for the production. This written policy needs to be submitted during the application process and then adhered to during the hiring, prep and production periods.

(i) Productions receiving rebates are required to report diversity statistics for all employee hiring related to the production to OFVO during or after completion of the production.

(j) Productions receiving rebates are required to have a written process for addressing claims of harassment, discrimination and other misconduct related to the production (including, but not limited to, procedures for reporting and investigating harassment claims, a phone number for an individual who will be responsible for receiving harassment claims, and a statement that the company will not retaliate against an individual who reports harassment). This needs to be a specific "process" by which complaints and reports can be made and then followed up on in some form.

(3) Payment of OPIF reimbursements are subject to funds being available in the OPIF program.

(4) OFVO makes a recommendation on reimbursement to the Oregon Business Development Department ("OBDD") with the final decision made, and funds released by, OBDD.

Or. Admin. Code § 951-002-0020

FVO 4-2004, f. & cert. ef. 11-26-04; FVO 1-2007, f. & cert. ef. 6-1-07; FVO 1-2017, f. & cert. ef. 5/2/2017; FVO 1-2021, amend filed 09/27/2021, effective 9/27/2021

Statutory/Other Authority: ORS 284.335 & 284.368

Statutes/Other Implemented: ORS 284.367 & 284.368