Subject to procedural matters’ being in order and satisfaction of statutory requirements according to applicable parts of these administrative rules, the Department shall issue a notice of positive determination, which will establish salient features of the (amended) enterprise zone, including but not limited to hotel/resort eligibility, as well as the date that the re-/designation or boundary change takes effect, which shall be:
The date that the last resolution of consent or sponsorship was adopted for a designation;
The date that the last resolution by any cosponsor was adopted for a boundary change; or
For any resubmission pursuant to section (3) of this rule:
The date coinciding with the Department’s receipt of a complete resubmission (in terms of all items needing to be revised, modified or redone), inasmuch as the Department deems the extent of necessary revisions or the amount of time that has elapsed to have been significant; or
The date of adoption of the last applicable resolution replacing or supplementing prior resolutions.
Documentation is inaccurate, inapplicable, incomprehensible, or insufficiently current including but not limited to section (4) of this rule;
The enterprise zone or an amendment encompasses area in any existing enterprise zone that will not have been Terminated-by-Statute or removed by another boundary change before the requisite effective date; or
A Sponsoring Government or new cosponsor is a city, port or county that sponsored an enterprise zone terminated by order of the Director under ORS 285C.245 (Termination)(3) to (5) within the past 10 years by the time of the requisite effective date, other than a county or port if a port/city also sponsored the terminated zone and none of the new enterprise zone area was inside that terminated zone.
The Department shall promptly issue a formal explanation (at least by email) to the Sponsoring Government(s) or zone sponsor subject to a negative determination, regarding unmet requirements or deficiencies with documentation, as well as what might be done for resubmission that entails either:
More or less minor revisions or additions to documentation, with which the Department may assist, and for which a relatively quick resolution would allow the re-/designation or boundary change to take effect as described in subsection (1)(a) to (c) of this rule; or
Fundamental modifications to the re-/designated or amended zone or its associated documentation, which could also necessitate redoing otherwise faultless steps or documentation with respect to the time limits in section (4) of this rule.
Relative to when complete documentation is re/submitted to the Department or the effective date in section (1) of this rule, whichever is later, the following are not acceptable for purposes of a positive determination:
Economic data, statistics and so forth that have been superseded by the release or availability of the very same but newer/annually updated data or statistics;