(1)The department will determine that sufficient potential tax credits are available prior to beginning review of an application. The department may return applications, or offer a lower tax credit amount, if there are not sufficient potential tax credits available to award the amount of tax credit requested.
(2)The department will review all preliminary certification applications to determine whether:
(a)All sections of the application are complete.
(b)The applicant has submitted the required fee.
(c)The project meets the definition of an alternative fuel vehicle project.
(d)The applicant is applying prior to the acquisition of the project.
(A)If the applicant applies after acquisition of the project has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director.
(B)Failing to submit a timely application or not being selected for a grant or tax credit under this or prior department programs does not constitute special circumstances.
(e)The alternative fuel vehicle project is located in Oregon.
(3)If the department finds that the application is complete, the application will move into the technical review process and the department will notify the applicant in writing. If an excess of applications is received for an Opportunity Announcement, the department moves complete applications into technical review based on the date the department received the complete application.
(4)The department may deny incomplete applications and notify applicants in writing of the reason for denial of the application.
(5)The department considers the completeness review as a test; the decision to deny an incomplete application is not an action subject to review under ORS Chapter 183 (Administrative Procedures Act).
(6)If an applicant has not started acquisition of the alternative fuel vehicle project, an applicant may apply again for the same project in the same or a future Opportunity Announcement by submitting a new application and fee. The department will not apply fees submitted with a previous application to future applications.
Rule 330-220-0050 — Completeness Review,