Consideration and Approval
(1)The Department shall review each Application, and only after deeming that information in OAR 123-623-1500 (Contents of Application, Generally) and 123-623-1525 (Application within a Strategic Investment Zone) or 123-623-1550 (Application outside a Strategic Investment Zone) is completely and accurately provided (except potentially for pending materials or information, of which the Department is reasonably assured of receipt), the Department shall make a recommendation to the Commission (subject to actual receipt of any pending material or information).
(2)In evaluating an Application, the Commission shall hold at least one meeting open to the public, at which the matter is an agenda item for discussion, and for which the Department has made appropriate and customary public notice. At the meeting the Commission may:
(a)Invite oral statements or written comments from the public; and
(b)Have the Applicant appear in order to give a statement and to answer questions submitted in advance or posed by Department staff or by members of the Commission, exclusively.
(3)The Commission may dispense with some or all of the elements in section (2) of this rule, as otherwise permitted under ORS Chapter 192 (Records), in light of extenuating circumstances.
(4)Pursuant to evaluation of the Application, the Applicant’s proposed investment(s) are determined to be an eligible project for Abatement if the Commission finds that:
(a)The project will satisfy the criteria for eligibility as established by prior resolution of the Commission or in this division of administrative rules;
(b)The project will directly benefit a traded sector industry;
(c)The Total Cost of the project is expected to equal or exceed $25 million, or $100 million in the case of any proposed Urban Project;
(d)The project will not consist of any property formerly or currently exempt under ORS 285C.175 (Enterprise zone exemption) and the Applicant is not an authorized business firm for any investment at the exact same location in an enterprise zone, unless there will be a demarcation between such qualified property and property subject to the Abatement that is clear enough for proper valuation and tax administration;
(e)The Applicant is not subject to an outstanding suspension under ORS 285C.615 (Annual participant reports)(3) as described in OAR 123-623-4000 (ANNUAL PROJECT REPORTING — Submission to Department)(6) or ORS 307.123 (Property of strategic investment program eligible projects)(7); and
(f)The Applicant has agreed to comply with any additional reasonable conditions imposed by the Commission related to the Strategic Investment Program, including requirements that continue for the term of the Abatement.
(5)Notwithstanding suspension of the determination as provided under ORS 307.123 (Property of strategic investment program eligible projects)(7), once the Commission has taken formal action to authorize the Abatement, the Commission’s determination is final, and the Commission may reverse, rescind or withdraw it only by formal finding of a material error or omission among submitted Application information or a noncompliance with criteria described or referenced in this rule.
Rule 123-623-1600 — Consideration and Approval,