Or. Admin. Code § 951-006-0010

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

Section 951-006-0010 - Eligibility Determination

(1) Except as set forth in sections (2) and (3), 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 not less than $75,000.

(c) The local filmmaker or local media production services company includes, with its application, a letter to the OFVO stating its intent for production to take place in Oregon and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of reimbursement.

(d) Upon request of the OFVO, provide proof of production insurance. The example below shows industry standards for an average live action film/television production. Varying coverage amounts may be approved by the OFVO based on industry standards for the specific type of project for which the reimbursement is requested.

REQUIRED:

General Liability

General Liability aggregate - $1,000,000

GL Limit Per Occurrence - $1,000,000

Products Completed Operations - $1,000,000

Personal & Advertising Injury - $1,000,000

Fire Legal Liability - $50,000

Medical Payments - $5,000

Blanket Additional Insured's - $ included

Waiver of Subrogation - $ included

Automobile

Hired & Non-Owned Liability - $1,000,000

Hired/Non-Owned Physical Damage - $500,000

Third Party Property Damage - $500,000

Worker's Compensation (OR State Minimums)

Bodily Injury by Accident - $500,000 Each Accident

Bodily Injury by Disease - $500,000 Policy Limit

Bodily Injury by Disease - $500,000 Each Employee

RECOMMENDED:

Negative Film or Videotape - Included

Faulty Stock, Camera & Processing: Included

Extra Expense - $25,000

Civil Authority - $25,000

(e) Name and contact information for payroll company.

(2) The following productions are not eligible:

(a) A production of a local filmmaker or local media production services company that has, or whose principals have, a verifiable history of previous production problems that create significant doubt, as determined by the OFVO, regarding the ability of the local filmmaker or local media production services company 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 local filmmaker or local media production services company did not repair upon completion of the production.

(b) A production with respect to which the local filmmaker or local media production services company withdraws its application for eligibility determination.

(c) A production that the OFVO determines is unlikely to further the purposes of the L-OPIF.

(d) The production must pay its employees minimum wage as set forth in the Oregon minimum wage rule (ORS653.025) or meet the requirements of applicable union contracts the production has entered into.

(e) A production that employs any individual as an "intern" without that individual receiving academic credit. See the Oregon Bureau of Labor and Industries for additional information: www.boli.state.or.us/BOLI/TA/T_FAQ_Interns.shtml. A production determined to be ineligible may appeal to the Film and Video Board, upon written application.

(3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the iOPIF to pay the requested expense reimbursements 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 production workers expected to be hired

(e) Experience level of local filmmaker or local media production services company

(f) Reputation of the local filmmaker or local media production services company 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 local filmmaker or local media production services company has contributed to the L-OPIF.

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

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

Or. Admin. Code § 951-006-0010

FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10; FVO 1-2016, f. & cert. ef. 6/21/2016; FVO 1-2022, amend filed 03/28/2022, effective 3/28/2022

Statutory/Other Authority: ORS 284.335 & 284.368

Statutes/Other Implemented: ORS 284.368