With respect to the interpretation of OAR 123-674-7200 to 123-674-7250 for purposes of ORS 285C.200(1)(f):
There are five primary issues related to the conclusion that there is an Event of Noncompliance:
Is there a Determination as defined?
Did the Illegal Act occur as defined? ..., after Application?
Is the Noncompliance of a material nature?
Is the Noncompliance curable ..., and if so, has it been cured?; or
Has there been Substantial Falsification, and what are the implications of it?
In deciding whether there is an Event of Noncompliance, the county assessor may do as follows at the assessors initiative or in response to issues raised by a business firms response to notice in OAR 123-674-7220(3):
The assessor may submit the question at issue to the sponsor of the enterprise zone whether through the local zone manager or otherwise, such that:
The submission is made in writing with a summary of the matter and copies sent to the affected business firm, the Department of Revenue and the Department; and
The assessor may consider a written decision from the zone sponsor only within a prescribed period not exceeding 60 days after the submission.
Either in lieu of or subsequent to the request of the zone sponsor, the assessor may submit the question or questions to the Director, such that:
The submission is in writing with a summary of the matter, and the affected business firm, the Department of Revenue and the zone sponsor receive copies;
The assessor certifies whether a conclusive response by the Director shall bind the assessors action in OAR 123-674-7220;
The Director may request additional information from the assessor, the firm, the sponsor, the Department of Revenue or the Department of Justice; and
The Director shall respond in writing to the question or questions submitted by the assessor, who shall treat it as official state interpretation of this division of administrative rules.