Oregon Administrative Code

122-075-0120 Budgeting for Department of Administrative Services Administered Bonds (1) Any Benefiting Agency intending to issue Bonds in the upcoming biennium must notify the Finance Manager as a part of the State Agency budget preparation process in accordance with the Departme…

122-075-0150 Management of Bond Proceeds (1) All Bond sale proceeds intended for program purposes will be held in the appropriate funds or accounts designated by ORS chapter 286A at the Oregon State Treasury, or as may be otherwise designated by a trust indenture or other law. Th…

122-075-0160 Charges for Bond Administration (1) Administrative Costs: (a) All costs incurred by the Department and the State Treasurer to administer outstanding Bonds will be charged to the appropriate Benefiting Agency. (b) Actual charges for fiscal agent services and trustee s…

122-085-0100 Statement of purpose The purpose of these rules is to provide criteria to determine when Mandatory Collection Agency Transfer (MCAT) accounts are subject to assignment or exempt from assignment to DOR-OAA under Oregon Revised Statute (ORS) 293.231. This rule also pro…

122-085-0110 Definitions (1) “Account” means a debt relationship between a state agency and an individual or an entity, which may include multiple obligations and time periods. (2) “Consensual Security Interest” means an enforceable interest in real or personal property voluntari…

122-085-0120 Mandatory Collection Agency Transfer Assignment Requirements (1) If a state agency does not receive any payments on an MCAT account during any 90-day period following the MCAT eligibility date for that account, the state agency must review the account for assignment …

122-085-0130 Mandatory Collection Agency Transfer Accounts Exempt from Assignment (1) A state agency may, at its discretion, choose not to offer for assignment to DOR-OAA any MCAT account that: (a) Is secured by a consensual security interest in real or personal property; (b) Is …

122-085-0140 Mandatory Collection Agency Transfer Account Request for Exemption (1) To request an exemption from the 90-day assignment provision referenced in OAR 122-085-0120, a state agency must complete the applicable form provided in the OAM. If approved, the exemption reques…

122-085-0150 State Agency Specific Exemptions (1) A state agency may request that the DAS CFO approve one or more state agency specific exemptions under ORS 293.233 for classifications of accounts that are not exempt as per OAR 122-085-0130. A state agency must submit a request f…

122-085-0160 State Agency MCAT Assignments to PCFs (1) State agency MCAT accounts assigned to a PCF prior to July 1, 2018 are not subject to OAR 122-085-0120. These accounts may continue through the collection cycle as per the purchase order agreement between the state agency and…

122-085-0200 Voluntary collection of Social Security numbers for use in collecting debts owed to the state (1) For purposes of this rule “state agency” is defined as any state officer, board, commission corporation, institution, department or other state organization except for s…

123-001-0050 Definitions For purposes of this division of administrative rules, and generally throughout this chapter of administrative rules, unless the context demands otherwise: (1) Authority means the Infrastructure Finance Authority within the Oregon Business Development Dep…

123-001-0100 Notice of Rulemaking (Proposed Permanent Rulemaking) In proposing to amend, repeal or adopt permanent administrative rules for this chapter, pursuant to ORS 183.335(1)(a) and 183.341(4): (1) The Department shall at a minimum do the following with respect to those lis…

123-001-0200 Model Rules of Procedure (1) Division 001 and any statutorily mandated element in the other divisions of the State of Oregon Attorney General’s Uniform and Model Rules (OAR chapter 137), pursuant to the Administrative Procedures Act (ORS Chapter 183), are hereby inco…

123-001-0300 Waivers of Provisions Provided by Rule in This Chapter The Director or the Director's designee may formally waive requirements otherwise prescribed by this chapter of administrative rules, if such a waiver serves to further the goals and objectives of ORS Chapters 28…

123-001-0500 Commission Committees For purposes of advisory and technical committees for the Commission: (1) These committees are different from, and this rule does not apply to, statutory boards or commissions affiliated with the Department, but whose appointment, authority, dut…

123-001-0520 Finance Committee for the Commission The Finance Committee is an Ad Hoc Committee that has been formed and empowered by the Commission in accordance with ORS 285A.060 such that: (1) The Commission charges the Finance Committee (pursuant to divisions of this chapter o…

123-001-0700 Contested Case Proceedings (1) OAR 123-001-0700 to 123-001-0750 establish procedural steps and options for handling appeals, in the manner of a contested case under ORS 183.310 to 183.550, when the Department denies: (a) An application for either preliminary certific…

123-001-0725 Steps and Reservations of the Department (1) As described in OAR 123-001-0700, the Department shall send notice to the applicant, such that: (a) The Department sends notice by registered or certified mail; (b) If a copy is sent also by regular, first-class mail, it m…

123-001-0750 Representations by Agency Representative For purposes of any contested case hearing before an administrative law judge: (1) Subject to the approval of the office of Attorney General of the State of Oregon under ORS chapter 180, the Director may authorize an officer o…

123-005-0000 Applicability of Rules and Definitions This division of administrative rules applies to all public records for which the Department is custodian of. For the purposes of these rules definitions may be found in Procedural Rules, OAR 123-001. Statutory/Other Authority: …

123-005-0010 Access to Records In carrying out responsibilities under ORS 192.410 to 192.505, the Department shall: (1) Make restrictions and take precautions necessary to protect the integrity of the records and prevent interference with the regular discharge of the Department’s…

123-005-0020 Requests to Inspect or Obtain Copies of Public Records (1) A request to inspect or obtain copies of a public record or information from public records shall be made in writing (Attention: Public Information Staff, Oregon Business Development Department, State Lands B…

123-005-0030 Payment for Inspection and Copies of Public Records (1) Except as waived in section (2) of this rule, a person who is receiving a copy of a public record or information from a public record shall pay the Department’s actual cost for: (a) Staff time necessary to ident…

123-006-0005 Purpose Pursuant to ORS 285A.075(3), the department may enter into contracts as necessary or appropriate to carry out its authorized mission. This rule sets forth the Department's procurement and contracting procedures. This rule does not apply to financing contracts…

123-006-0020 Standard Procedures and Exceptions The Department will comply with the Oregon Department of Justice Model Public Contract Rules, OAR chapter 137, divisions 046, and 047, as applicable, for all its procurement and contracting activity, with the following exceptions: (…

123-006-0025 Use of Work Order Contracts (1) Contracts may be implemented as multiple Work Order Contracts under an Agreement for Goods or Services instead of a single contract if that implementation will provide substantial savings in time or cost, or both. (2) The Department an…

123-006-0030 Electronic Public Notice For all required public notices or advertisements related to source selection methods, the Department may publish the notice or advertisement on the Department of Administrative Services Electronic Procurement System instead of publishing not…

123-006-0035 Contract Amendments (1) General Rule. The Department may amend any contract without additional competition, including reinstatements and cost overruns, but only when the Department has determined: (a) The amended Contract is within the Scope of the Solicitation Docum…

123-006-0040 Contracts Must be Authorized Prior to Performance All Contracts, including any amendments, must be in writing and fully executed before any Work or Services may be performed or payment made. Contractors are not entitled to payment for any Work or Services performed p…

123-006-0045 Sole Source Procurements, by Rule. The Department may procure goods or services for the following subjects without competition: (1) Advertising and Promotion. This covers all types of advertising placement, including booth space at trade shows and exhibitions. This d…

123-008-0005 Purpose and Scope The Oregon Business Development Commission through the Oregon Business Development Department in accordance with this division of administrative rules has established policies and procedures for mandatory compatibility with Oregon's Planning Goals a…

123-008-0010 Policy It is the policy of the Oregon Business Development Department that prior to approving or undertaking projects or actions under an Applicable Program, as defined in OAR 123-008-0015, the Department shall take steps or have program procedures for accomplishing …

123-008-0015 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise: (1) Applicable Programs mean those funds, incentives and oth…

123-008-0020 Compliance with Planning Goals (1) The Department shall achieve Planning Goal compliance whenever possible by taking actions that are compatible with the applicable acknowledged comprehensive plan of a county or city government and land use regulations of this state …

123-008-0025 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations For purposes of this division of administrative rules, and to act compatibly with acknowledged comprehensive plans and land use regulations, except when the Department makes direct findings …

123-008-0030 Dispute Resolution (1) When a land use dispute related to a proposal or application for financial assistance under an Applicable Program arises, the proposal sponsor/applicant is expected to resolve the dispute directly with the government of the city or county where…

123-008-0035 Compliance and Compatibility of New or Amended Programs The Department of Land Conservation and Development is expressively listed in the Department’s Notice Rule, OAR 123-001-0100, and the Department shall follow the same notice procedures whenever amending the "Lan…

123-008-0040 Consistency with Local Economic Development Plans Applicable adopted local economic development plans under ORS 285A.055(5) include, but are not limited to, relevant parts of the comprehensive (land use) plans of cities and counties, such as those related to Planning…

123-009-0050 Purpose The Oregon Business, Innovation and Trade Fund is established by ORS 285A.227 as a means to provide the Oregon Business Development Department with flexibility in funding and decision-making to respond to economic development needs on a statewide and regional…

123-009-0060 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply: (1) Fund means the Oregon Busine…

123-009-0070 Commission Allocations (1) The Commission shall distribute resources in the Fund within the policies and priorities set by the Legislature and pursuant to ORS 285A.020, 285A.045 and 285A.055. (2) In the event of a shortfall of lottery funds, reductions will occur as …

123-009-0080 Commission Responsibilities (1) The Commission shall review and approve a biennial Allocation Plan for the Fund. (2) The Commission shall be responsible for making allocations from the Fund and may adjust these allocations based on need. In the event of lottery reven…

123-009-0090 Criteria for Allocations The Commission shall make biennial allocations from the Fund based on the following criteria: (1) Funding shall be based on the principles established in ORS 285A.020, 285A.045 and 285A.055 to further business and economic development. (2) Fu…

123-009-0100 Director’s Review and Approval of Awards Under Allocation Plan Once allocations from the Fund have been made by the Commission, the Director shall have final project funding approval unless otherwise delegated. All project funding shall be consistent with Commission …

123-011-0020 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Oregon Economic Development Revenue Bond program authorized by ORS 285B.320 to 285B.371. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Impl…

123-011-0021 Commission Powers For the purposes of these rules, the Business Development Commission (the “Commission”) shall retain and possess, in addition to all authority reserved to it under OAR 123-011-0027, all rights and powers delegated to the Finance Committee. Upon writ…

123-011-0025 Definitions For the purposes of these rules, the following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) "Applicant" means any person, firm or public or private corporation or federal or state governmental subdivision or …

123-011-0027 Delegation (1) Authority for the day-to-day operation of the Economic Development Revenue Bond Program, including determination of eligibility, authorization of the issuance of bonds, adoption of inducement and bond resolutions and amendments thereto, is delegated to…

123-011-0030 Application (1) An Applicant desiring issuance of Economic Development Revenue Bonds must submit a complete application to the Department in a form approved by the Department. (2) The application shall be received by the Department at least 21 days prior to the Finan…