Rule Rule 123-656-2300

For an enterprise zone designated as described in OAR 123-656-2000 (FEDERAL ENTERPRISE ZONES — Federally Based Designation):


The zone is Terminated-by-Statute as normal under ORS 285C.245 (Termination)(2), subsequent to the effective date of designation by order of the Director, regardless of any intervening termination of the Federal Enterprise Zone due to programmed operation under federal statutes or repeal of the operative federal law.


The zone may terminate prematurely by order of the Director under ORS 285C.245 (Termination)(3) to (5) and shall terminate by programmatic sunset under ORS 285C.255 (Sunset of enterprise zone program) consistent with OAR 123-650-9100 (ZONE TERMINATION — Events and Timing)(4).


With respect to termination in section (1) of this rule, the local zone sponsor may re-designate it as a regular enterprise zone under ORS 285C.250 (Redesignation or designation of new zone following zone termination) but only in conformance with all applicable requirements including but not limited to ORS 285C.090 (Requirements for area to be designated zone).


In addition, the zone may also terminate by order of the Director under ORS 285C.085 (Federal enterprise zones)(5), effectively rescinding the order designating the zone, as if it had never existed, in the event that the federal government prematurely terminates the Federal Enterprise Zone for nonperformance, violation of federal guidelines or similarly unusual circumstances. In this case, there is no provision for a re-designation under ORS 285C.250 (Redesignation or designation of new zone following zone termination), but any business firm located in the zone shall enjoy the same protection under relevant provisions of law and this chapter of administrative rules for location in a terminated enterprise zone.
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Sep. 20, 2020