In the case where the firm is receiving or has received the exemption, the Event of Noncompliance shall cause retroactive disqualification (see OAR 123-674-6400 (General Firm Disqualification)).
(3)
In response to or in anticipation of such denial or disqualification, the assessor shall give notice that:
(a)
Is sent to the firm and is copied to the zone sponsor, the Department of Revenue and the Department;
(b)
Provides the firm with an explanation of the action and includes copies or descriptions of the evidence for the Determination; and
The county assessor may reverse a decision or action in section (1) or (2) of this rule, for reconsideration of an issue listed in OAR 123-674-7250 (Interpretation)(1) or a successful appeal that negates the Determination. As necessary to effect a reversal for this section, the assessor may reinstate the exemption and refund taxes paid on qualified property to the firm consistent with provisions of ORS Chapter 311 (Collection of Property Taxes).
(5)
If the Determination is appealed by the business firm through administrative or judicial channels under the law in question, then the assessor may indefinitely suspend disqualification in section (2) of this rule, such that:
(a)
If the business firm prevails in the appeal, then the exemption is unaffected; or
(b)
If the business exhausts, withdraws or effectively fails in its pursuit of such appeal, then the action takes effect. In such a case, the assessor may add interest to any back taxes during the intervening period for the appeals process, until the next general property tax roll, as provided under ORS 311.206 (Additional taxes resulting from correction of error or omission).