Rule Rule 123-635-0250
Determination of Preliminary Certification

Pursuant to a filing of a preliminary certification application as described in OAR 123-635-0200 (Preliminary Certification Application):


The Department shall:


Review the application for completeness; and


Determine whether the business firm and the applicant’s proposed Facility:


Is at a Qualified Location;


Represents Unique Operations; and


May be reasonably expected to satisfy the employment and other applicable requirements under ORS 285C.503 (Preliminary certification of facility)(5).


After receipt of the application, the Department shall do the following:


Notify the applicant in writing whether it is complete; and


Send a copy of the application to the Municipal Corporations, in such a way that the date of sending is recorded, unless officials of the Municipal Corporation have already formally expressed support for the proposed Facility’s use of this program comparable to subsection (3)(b) of this rule.
(3)(a) The Department shall complete the determination described in subsection (1)(b) of this rule, after receiving any additional information requested from the applicant; but


The determination shall not be final sooner than 60 days from the date, on which the Department sent the copy of the application to the Municipal Corporations, unless they all have provided sufficient response, such as a written confirmation of “no objection” from local officials based on communication with governing body members.


After fulfillment of section (3) of this rule, the Department shall notify the applicant in writing of its decision, which shall include but is not limited to the following, in the event that the Department:


Denies preliminary certification, it shall send the applicant either notice consistent with OAR 123-001-0725 (Steps and Reservations of the Department) or only a written statement of explanation if the denial results from an objection as described in OAR 123-635-0270 (Local Objection and Relevant Requirements)(2).


Approves the preliminary certification, it shall send a letter conferring preliminary certification.


The Department shall send notification of the final determination on preliminary certification to relevant staff of the Department of Revenue.


Subject again to the criteria and procedures in this rule, a preliminary certified business firm may refile in order to renew and advance the date of its preliminary certification for purposes of OAR 123-635-0350 (Issues of Initial and Subsequent Annual Certifications)(3).


The Department may issue an amended preliminary certification as appropriate, pursuant to revised information about the proposed Facility as formally received from the business firm before the end of the tax year, for which the first filing may be made according to OAR 123-635-0350 (Issues of Initial and Subsequent Annual Certifications)(2). In determining whether to issue the amended preliminary certification, the Department shall consider:


Issues described in OAR 123-635-0350 (Issues of Initial and Subsequent Annual Certifications)(6); and


Material implications in terms of ORS 285C.503 (Preliminary certification of facility)(4)(b), consulting with the Municipal Corporations beforehand as warranted.
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Aug. 7, 2020