ORS 469B.169
Suspension or revocation of certificate
- forfeiture of tax credits
- collection
(1)
Under the procedures for a contested case under ORS chapter 183, the Director of the State Department of Energy may order the suspension or revocation of the certificate issued under ORS 469B.161 (Final certification) if the director finds that:(a)
The certification was obtained by fraud or misrepresentation;(b)
The holder of the certificate or the operator of the facility has failed to construct or operate the facility in compliance with the plans, specifications and procedures in the certificate; or(c)
The facility is no longer in operation.(2)
As soon as the order of revocation under this section becomes final, the director shall notify the Department of Revenue, the facility owner, contract purchaser or lessee and any transferee under ORS 469B.148 (Transferability of facility tax credit) of the order of revocation.(3)
If the certificate is ordered revoked pursuant to subsection (1)(a) of this section, all prior tax credits provided to the holder of the certificate by virtue of the certificate shall be forfeited and upon notification under subsection (2) of this section the Department of Revenue immediately shall proceed to collect those taxes not paid by the certificate holder as a result of the tax credits provided to the holder under ORS 315.354 (Energy conservation facilities).(4)
Intentionally left blank —Ed.(a)
The Department of Revenue shall have the benefit of all laws of this state pertaining to the collection of income and excise taxes and may proceed to collect the amounts described in subsection (3) of this section from the person that obtained certification from the State Department of Energy or any successor in interest to the business interests of that person. No assessment of tax shall be necessary and no statute of limitation shall preclude the collection of taxes described in this subsection.(b)
For purposes of this subsection, a lender, bankruptcy trustee or other person that acquires an interest through bankruptcy or through foreclosure of a security interest is not considered to be a successor in interest to the business interests of the person that obtained certification from the State Department of Energy.(5)
If the certificate is ordered revoked pursuant to subsection (1)(b) of this section, the certificate holder shall be denied any further relief under ORS 315.354 (Energy conservation facilities) in connection with the facility from and after the date that the order of revocation becomes final.(6)
Notwithstanding subsections (1) to (5) of this section, a certificate or portion of a certificate held by a transferee under ORS 469B.148 (Transferability of facility tax credit) may not be considered revoked for purposes of the transferee, the tax credit allowable to the transferee under ORS 315.354 (Energy conservation facilities) may not be reduced and a transferee is not liable under subsections (3) and (4) of this section. [Formerly 469.225]
Source:
Section 469B.169 — Suspension or revocation of certificate; forfeiture of tax credits; collection, https://www.oregonlegislature.gov/bills_laws/ors/ors469B.html.
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