(1)To be eligible for a Program loan, an Applicant must satisfy the definition of Applicant given in OAR 274-013-0010 (Definitions) and meet the following criteria:
(a)The Applicant must own a Controlling Interest in a Small Business;
(b)The Small Business must have incurred a Setback due to the relevant Veteran’s Mobilization or Deployment. The Department may consider factors including, but not limited to the following in determining whether or not a Small Business has incurred a Setback:
(A)Whether or not the Small Business has experienced a material diminution or loss of income, customers, suppliers, operational integrity, relative competitive position or good will;
(B)Whether or not the Small Business has experienced an extraordinary depreciation in or loss of goods or capital; and
(C)Whether or not any factor identified in Subparagraphs (A) or (B) occurred during the relevant Veteran’s Mobilization or Deployment or as a demonstrable consequence of such Mobilization or Deployment.
(c)The Applicant must apply to the Department for a Program loan within 12 months after the relevant Veteran’s Demobilization or the date upon which the relevant Veteran would have been Demobilized but for his or her demise while on active duty.
(d)The relevant Veteran must have been discharged under honorable conditions or been eligible for honorable discharge at the time of his or her demise while on active duty.
(2)To be eligible for a Program loan, an Applicant also must complete and deliver to the Department an application, including other information and documents as required by the Department, in a manner consistent with Program requirements.
Rule 274-013-0020 — Eligibility,