OAR 123-674-2300
Initial Processing by Local Zone Manager

Following submission of an Application:

(1)

The local zone manager may collect an authorization filing fee as described in OAR 123-668-1700 (Authorization Filing Fee).

(2)

The local zone manager shall deny the Application if finding:

(a)

The Firm/applicant does not fulfill any basis for eligibility under ORS 285C.135 (Requirements for eligibility);

(b)

The Firm/applicant is unwilling or unable to unambiguously commit to an action/obligation as required under ORS 285C.140 (Application for authorization)(2);

(c)

The Application was submitted too late as described in OAR 123-674-2000 (AUTHORIZATION PROCESS — Timely Submission) and 123-674-2100 (Allowably Late Applications);

(d)

The location of proposed qualified property is outside the enterprise zone boundary and no relevant boundary change is pending (or possible); or

(e)

Any other reason that precludes authorization.

(3)

Within 15 business days of denial in section (2) of this rule, the local zone manager shall:

(a)

Refund any authorization filing fee that was paid;

(b)

Write a letter to the Firm/applicant that justifies the denial;

(c)

Send copies of the letter to the county assessor, Department of Revenue and the Department; and

(d)

Ensure that the letter:

(A)

Is sent to the Firm/applicant through certified mail or in such a way that the date of receipt can be verified; and

(B)

Contains information on the Firm/applicant’s rights of appeal under ORS 305.404 (Oregon Tax Court) to 305.560 (Appeals procedure generally) to the Magistrate Division of the Oregon Tax Court.

(4)

If there is no apparent reason to deny authorization, according to section (2) of this rule, then the local zone manager shall undertake the Preauthorization Conference, inviting the county assessor, to explore any outstanding eligibility issue, extended abatement criteria, matters related to OAR 123-674-4000 (EMPLOYMENT OF FIRMS — Computation of Averages) through 123-674-4600 (Maintaining Sufficient Employment), and so forth.

(5)

With respect to a sponsor’s failing to authorize under ORS 285C.140 (Application for authorization)(9), a Firm/applicant may proceed with an appeal after 30 days following the submission of the Application, if no formal action is yet to be taken as described in this rule or in response to special circumstances in OAR 123-674-2500 (Final Processing)(4).

(6)

After the Preauthorization Conference, the local zone manager shall approve the Application in order to authorize the Firm/applicant under ORS 285C.140 (Application for authorization)(6), unless determining to deny it as described in sections (2) and (3) of this rule.

(7)

If the Firm/applicant’s will locate in an urban enterprise zone that imposes additional conditions under ORS 285C.150 (Conditions required by sponsor for authorization) in effect at the time of authorization, the local zone manager shall:

(a)

Approve the Firm/applicant for authorization only if the Firm/applicant has made acceptable commitments to satisfy such conditions; and

(b)

Include a standardized attachment to the Application documenting the commitments of the Firm/applicant consistent with OAR 123-668-2500 (Additional Conditions in an Urban Zone).

(8)

In five or fewer business days after approval, the local zone manager shall:

(a)

Fill out and sign the Approval Form except for the section pertaining to the county assessor;

(b)

See that the county assessor has the Approval Form and a copy of the Application (with all current attachments);

(c)

Notify the Firm/applicant of the status of the Application, as appropriate; and

(d)

Inform the local contact agency for the First Source Hiring Agreement for purposes of OAR 123-070 and 123-674-7000 to 123-674-7730 (Allowing Late Execution of First-Source Agreement).

Source: Rule 123-674-2300 — Initial Processing by Local Zone Manager, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-674-2300.

123‑674‑0001
Purpose, Scope and General Process for Businesses Seeking Exemption 123‑674‑0100
Definitions 123‑674‑0200
General Employment Terminology and Issues 123‑674‑0500
EXTENDED TAX ABATEMENT — General Points 123‑674‑0600
Compensation & Wage Standards 123‑674‑0700
Written Agreement between Sponsor and Eligible Business Firm 123‑674‑1000
BUSINESS ELIGIBILITY — Special Business Distinctions 123‑674‑1100
Basic Eligibility of Firms and Operations 123‑674‑1200
Ineligible Activities 123‑674‑1300
Eligible Business Firm with Ineligible Activities 123‑674‑1400
Gross Receipts Test 123‑674‑1600
Call Centers and Like Operations 123‑674‑1700
Headquarter Facilities 123‑674‑2000
AUTHORIZATION PROCESS — Timely Submission 123‑674‑2100
Allowably Late Applications 123‑674‑2300
Initial Processing by Local Zone Manager 123‑674‑2500
Final Processing 123‑674‑3000
AUTHORIZATION’S COVERAGE & EFFECT — Being An Authorized Firm 123‑674‑3100
Limitations on Exemption Relative to Authorization 123‑674‑3200
Amending the Application/Authorization 123‑674‑3500
Additional, Concurrent Authorizations 123‑674‑3700
Renewal of Active Status and Inactive Authorization 123‑674‑4000
EMPLOYMENT OF FIRMS — Computation of Averages 123‑674‑4100
Employment Requirement to Qualify Initially 123‑674‑4200
Diminishing Employment Well beyond the Zone 123‑674‑4300
Local Waiver of Employment Increase inside Zone 123‑674‑4600
Maintaining Sufficient Employment 123‑674‑4800
Sale or Leasing of Exempt Property 123‑674‑5000
QUALIFIED PROPERTY— Critical Terms 123‑674‑5100
Eligible Utilization 123‑674‑5200
Mechanical, Personal and Unqualified Property 123‑674‑5300
Buildings, Structures and Other Real Property 123‑674‑5400
Property Already Entered on Rolls 123‑674‑5500
Obligations for All Leases, Lessors and Lessees 123‑674‑6000
FILING & COMPLIANCE — Exemption Prior To ‘In Service’ 123‑674‑6100
Mandatory First-year Claim with Property Schedule 123‑674‑6200
Filing Latter-year Claims 123‑674‑6300
Disqualification of Particular Property 123‑674‑6400
General Firm Disqualification 123‑674‑6600
PAYBACK IN LIEU OF DISQUALIFICATION — Applicability 123‑674‑6610
Payment of Tax Savings 123‑674‑6620
Distribution of Payment among Cosponsors 123‑674‑6630
Utilization of Payments 123‑674‑6880
Deferral during Recession 123‑674‑6885
Additional Conditions with Deferral 123‑674‑7200
GENERAL LAWFULNESS — Terminology 123‑674‑7210
Declarations and Responsibilities 123‑674‑7220
Effect of Event of Noncompliance 123‑674‑7230
Materiality 123‑674‑7240
Cure 123‑674‑7250
Interpretation 123‑674‑7700
FIRST SOURCE HIRING AGREEMENTS — Coverage 123‑674‑7710
First-Source Procedures 123‑674‑7720
Handling Exemption Claims 123‑674‑7730
Allowing Late Execution of First-Source Agreement 123‑674‑8000
ZONE BEGINNINGS & ENDS — Designation or Amendment 123‑674‑8100
Authorization and Zone Termination 123‑674‑8200
Grandfathering in a Terminated Zone 123‑674‑8300
Timely Completion of Construction
Last Updated

Jun. 8, 2021

Rule 123-674-2300’s source at or​.us