Illegal Act means an action, omission, chain of occurrences or similar failings by the firm or by an officer or agent in the conduct of the firm’s operations and activities, effectively occurring after the Application but before January 1 of the last year of exemption, that cause the Noncompliance corresponding to the relevant Determination. (An Illegal Act may also result from Noncompliance with a Determination related to an earlier act)
Noncompliance means a violation of a law, as enacted by one of the following, or the violation of any of the rules or regulations duly promulgated under such law:
The United States Congress;
The Oregon Legislative Assembly; or
The governing body of a city or county that sponsors the enterprise zone.
Substantial Falsification means that information in an enterprise zone form, filing or associated documentation by the firm, subject to declaration under penalties of false swearing, does one or both of the following:
Misreports or omits required information, such that the enterprise zone exemption would have been denied or disqualified had the information been correctly or completely reported, which by itself shall be considered an Illegal Act in addition to any penalties resulting from false swearing under ORS 305.990 (Criminal penalties); or
Contradicts OAR 123-674-7210 (Declarations and Responsibilities)(1), in that at the time of the relevant declaration, the firm failed to disclose an Illegal Act, of which it should reasonably have been aware, including but not limited to one that is pending a Determination at the time of authorization.