Oregon Administrative Code

123-690-0100 Terminology OAR 123-001 (Procedural Rules) contains definitions that are used in this division of administrative rules unless the context demands otherwise. In addition: (1) Current County Wage means the finalized average annual wage, as most recently released for th…

123-690-0500 Eligible Rural Enterprise Zones For purposes of annually identifying applicable counties, in which the Facility Site needs to be entirely located at the time that the written agreement in OAR 123-690-2000 is executed: (1) With on-line availability of (non-preliminary…

123-690-2000 LOCAL APPROVAL — Written Agreement For purposes of the written agreement between a certified business firm and the sponsor of the rural enterprise zone under ORS 285C.403(3)(c) and(4): (1) The agreement is to include but is not limited to the following: (a) Acknowled…

123-690-2100 Requisite County/City Resolutions For purposes of resolutions adopted under ORS 285C.403(3)(a): (1) A requirement for certification is the adoption of a resolution expressly approving the exemption of facility property by the county and by any city in which the Facil…

123-690-2300 Applying for Certification For purposes of the application for certification under ORS 285C.403(1) and (2): (1) In order for a business firm to receive the exemption on facility property under ORS 285C.409: (a) The firm must do the following before hiring new employe…

123-690-2400 Certification For purposes of ORS 285C.403(3) to (7), following submission of the business firm’s application for certification as described in OAR 123-690-2300: (1) The signature of the local zone manager or the county assessor’s office in approving the certificatio…

123-690-3000 Allowable Facility Operations With the exception of a local retail “fulfillment center” as defined in OAR 123-674-1000(2), there is no restriction on the type of business operations or activities that may be undertaken at a facility in terms of the business firm’s ce…

123-690-4000 FACILITY CRITERIA — Minimum Investment Size For purposes of the required minimum investment under ORS 285C.412(1)(a), (2)(a), (3)(a), (4)(b) or (5)(a) in property that is owned or leased by a certified business firm and located at the Facility Site: (1) Subject to se…

123-690-4200 Minimum Hiring For purposes of the minimum hiring and employment requirements to be met and maintained under ORS 285C.412(1)(b), (2)(c), (3)(d), (4)(d) or (5)(c) by a certified business firm: (1) Employees are persons: (a) Working for the firm at the Facility Site mo…

123-690-4400 Minimum Distance from I–5 For purposes of the minimum distance from the Facility Site of a certified business firm to Interstate Highway 5 (I-5) under ORS 285C.412(3)(b) or (5)(b): (1) Measure the distance as: (a) A straight line; and (b) The shortest possible gap be…

123-690-4600 Minimum Average Annual Compensation For purposes of the minimum average annual compensation to be met and maintained under ORS 285C.412(1)(c), (2)(b), (3)(c), (4)(c) or (5)(d) by a certified business firm: (1) Compensation includes total calendar-year remuneration th…

123-690-5000 ONGOING COMPLIANCE — Employment and Payroll (1) The exemption of a facility under ORS 285C409(1) is disqualified under ORS 285C.420, consistent with OAR 150-285-3410, if: (a) The facility fails to initially satisfy any of the requirements applicable to it under ORS 2…

123-690-5200 Post-Certification Verification Pursuant to certification as described in OAR 123-690-2400 for purposes of qualifying for and continuing to receive exemption under ORS 285C.409(1): (1) A certified business firm shall submit in writing to the county assessor (and to t…

123-690-6000 PROPERTY TAX CONTINGENCIES — Other Exemptions (1) An eligible business firm may seek and receive approval for authorization under ORS 285C.140 according to OAR 123-674, while applying for or being certified under ORS 285C.403, although the business firm shall decide …

123-690-6200 Subsequent Facility Site Investments For property newly placed in service at the same Facility Site on or after the (January-1) assessment date of an ongoing exemption under ORS 285C.409(1)(c): (1) Any such property may also receive the exemption but only for the rem…

123-690-6400 Multiple, Joint Facilities For purposes of two or more exemptions under ORS 285C.409(1)(c) as provided under ORS 285C.412(4), for which exempt facility property in each case is first placed in service over not more than four consecutive calendar years: (1) Not only m…

123-690-6900 Property at Time of Zone Termination (1) OAR 123-650-9500 to 123-650-9700 address treatment of facility property in an enterprise zone that has terminated. (2) If the location of a certified business firm’s (proposed) facility becomes part of a newly designated or am…

123-690-8500 Revenue Distribution to Local Zone Sponsor (1) The sponsor of an enterprise zone containing exempt facility property owned by a corporation that claims the tax credit under ORS 317.124 might receive funds through the Department of Revenue from the Long Term Enterpris…

123-700-0000 Purpose and Objectives These rules establish procedures for the administration of the Child Care Infrastructure Fund Program ("Program") under which the Oregon Business Development Department will award grants and loans to fund the planning, design, maintenance, and …

123-700-0010 Definitions For the purposes of these rules additional definitions may be found in OAR 123-001-0010 and ORS 329A.723. As used in this Division of administrative rules, the following terms shall have the following meaning, unless the context clearly indicates otherwis…

123-700-0020 Request for Applications (1) The Department will issue a Request for Applications ("RFA") prior to awarding any grants or loans under the Program. In compliance with these rules, the RFA will set out the process for Eligible Applicants (as defined in OAR 123-700-0070…

123-700-0030 Application Requirements (1) In order to receive a Program grant or loan, an Eligible Applicant must submit an application that: (a) Is in the form required by the Department; (b) Contains or is accompanied by such information and documentation as the Department may …

123-700-0040 Application Review & Prioritization (1) Applications will be evaluated by a committee consisting of Department staff, staff from the Oregon Department of Early Learning and Care, and qualified community partners. The committee will provide the Department with funding…

123-700-0050 Conditions Precedent to Award (1) Prior to making an award for a Child Care Infrastructure Project, the Department must make the following determinations: (a) The project is feasible as demonstrated by certification from a professional engineer or architect registere…

123-700-0060 Eligible Applicants (1) As determined by the Department, to be an eligible applicant for a Child Care Infrastructure Program award, applicants must be one of the following: (a) Municipality; (b) Certified or registered family child care provider as established in ORS…

123-700-0070 Eligible Projects and Project Costs (1) Eligible projects under the Program include: (a) Construction of new Child Care Facilities; (b) Renovation, expansion, repair, modernization, or retrofitting of an existing Child Care Facility; (c) Renovation, expansion, repair…

123-700-0080 Ineligible Project Costs (1) Only costs expressly allowed by OAR 123-700-0030 are eligible. All other project costs, including but not limited to those listed below, are ineligible: (a) Acquisition of a home that will be used as a private domicile; (b) Indirect costs…

123-700-0090 Loan and Grant Information (1) The Department will make Program awards in a manner that maximizes the use of available resources and maintains the Department's desired credit standards of the Fund. The Department shall determine the amount of grant or loan funds to b…

123-700-0100 Conditions Precedent to Disbursement of Funds Notwithstanding the issuance of a notice of intent to award, the Department will not disburse grant or loan funds until each of the conditions set forth below are satisfied: (1) The Department and the recipient have execu…

123-700-0110 Recipient Responsibilities & Service Requirements (1) The recipient shall have a plan for ongoing operation and maintenance that will preserve the project's benefits over the Continued Use Period. (2) The recipient shall maintain accounts and records for all activiti…

123-700-0120 Waivers and Appeals (1) In its sole discretion, the Department may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to further the goals or objectives of the program. (2) The Department will set forth any appeals fr…

124-001-0010 Purpose The Eastern Oregon Economic Development Region, Board and Fund were established by the Oregon Legislature in 2017 through HB 2012. The purpose of this chapter of rules is to support, implement and define the programming criteria to ensure economic growth with…

124-001-0020 Eastern Oregon Border Economic Development Region (1) The Eastern Oregon Border Economic Development Region (Region) is established to promote workforce development, create or retain jobs, expand business and promote economic development with Oregon communities borde…

124-005-0010 Definitions (1) “Board” means the Eastern Oregon Border Economic Development Board. (2) “Department” means the Oregon Business Development Department. (3) “Economic development” means development that: (a) Relates to and supports: (A) The economic health or recovery …

124-010-0010 Eligible Applicant An "Eligible Applicant" includes: (1) Local governments; (2) Institutions of higher education defined in ORS 348.582 (3) Private or nonprofit businesses whose principal place of business or the majority of whose workforce is located in the Region; …

124-010-0020 Project Eligibility The Fund may be used to finance projects that will be used for: (1) Economic development within the Region in that leads to private investment in order to create and retain jobs, and establish or expand businesses; (2) Expansion of transportation …

124-010-0030 Ineligible Expenditures The Fund may not be used to assist: (1) The retirement or service of debt for any public or private entity; and (2) Expenses incurred prior to the date of award by the Board unless otherwise approved by the Board. Statutory/Other Authority: OR…

124-010-0040 Application and Board Review (1) Applications may be made to the Board for loan or grant funding for eligible projects at a time and place designated by the Board after consultation with the Department. Applications for a loan must include: (a) A plan for repayment o…

124-010-0050 Project Funding (1) The Board may provide financing for an eligible applicant’s project within the Region in the form of a grant or loan. (2) The Board may not have any more than 10 open grant awards at any one time. (3) The Board shall consider the following evaluat…

125-001-0000 Notice of Proposed Rule Prior to adoption, amendment or repeal of any rule, the Department of Administrative Services shall give notice of the intended action by: (1) Publishing in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior …

125-001-0005 Uniform and Model Rules of Procedure The Department of Administration Services adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, as amended and effective January 1, 2024. [ED. NOTE: The full text of the Attorney General’s…

125-007-0200 Statement of Purpose The purpose of these rules is to provide uniform administrative rules to streamline criminal records check processes state-wide, unless otherwise provided by law. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Stat…

125-007-0210 Definitions (1) “Authorized Agency” as defined in ORS 181A.215 or described in these rules. (2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest) or any dete…

125-007-0220 Information Required (1) An SI may be required to provide identification and information to have a criminal records check completed including, but not limited to; (a) Legal name and aliases; (b) Date of birth; (c) Address and recent residency information; (d) Driver …

125-007-0250 Hiring or Appointing on a Preliminary Basis (1) An authorized agency or district may conduct a preliminary fitness determination if the agency, district or qualified entity is hiring or appointing an SI on a preliminary basis, pending a final fitness determination. (…

125-007-0260 Final Fitness Determination (1) Unless otherwise provided by law, the authorized agency or district shall consider factors pursuant to ORS 181A.195(10)(c) in relation to information provided by the SI, including any criminal offender information, as defined in OAR 12…

125-007-0270 Crimes Considered (1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law. (a) All felonies. (b) All misdemeanors. (c) Any U.S. military crime or international crime. (2) The authorized agency or dist…

125-007-0300 Appealing a Fitness Determination (1) An SI may contest a final fitness determination outcome of a denied or restricted approval. (2) Process for authorized agencies using Office of Administrative Hearings (OAH): To request a contested case hearing, the SI or the SI’…

125-007-0310 Recordkeeping and Confidentiality (1) Criminal offender information obtained in the criminal records check is confidential. The authorized agency, district or qualified entity must restrict the dissemination of information obtained in the criminal records check. Only…

125-007-0330 Fees Authorized agencies or districts shall develop policies or administrative rules, based on statutory authority, to charge fees for criminal records checks. Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365 Statutes/Other Implemented: …