Failure occurs (unless it has been waived in OAR 123-674-4300) if:
The latest Annual Employment is less than the greater of one plus or 1.1 times the Existing Employment;
The current Claim Employment is less than 15 percent of any previous Claim Employment; or
Both the current Claim Employment and the one from the prior year are less than 50 percent of any previous Claim Employment.
Subject to OAR 123-674-4100(3)’s being effective, a qualified business firm must likewise meet an additional requirement in terms of section (1) of this rule but only for the initial year of exemption, in that the definitions of Annual Employment, Claim Employment and Existing Employment expand to include employees located at any relevant site outside but within 30 miles of the zone boundary, as well as jobs inside the zone.