For purposes of approval for a business firm to receive the credit under ORS 317.124(3), to offset state corporate excise tax liabilities, unless otherwise directed by the Governor or by the Director:
A request for the credit shall be formally submitted to the Director from an authorized executive of the corporation, preferably pursuant to relevant local approval and certification under ORS 285C.403.
Official consideration of the request shall happen only after certification.
The request must explicitly indicate:
That the corporation is seeking gubernatorial approval;
When it would expect to begin claiming such credits; and
Any preferred length of time during for which credits may be claimable.
The request shall contain the best possible information about the corporations future income and plans to use the credit, as necessary and appropriate to evaluate the impact and applicability of the tax credit, which may be in response to follow-up inquiry by the Department.
The Director will forward the request to the Governor and may include a recommendation, and as warranted, the following:
Background information and analysis about the corporation, the proposed facility, tax impacts, the local community and other relevant information; and
Summary of consultations with other state agencies including but not limited to the Department of Revenue.
Approval of the request may be conditioned on additional commitments by the corporation as contained in a formal agreement between the State and the business firm.
Information received from the corporation as described in section (4) of this rule may be exempt from public release if otherwise allowed under ORS 192.502(17)(a) or other applicable laws.