Oregon Administrative Code

123-018-0190 Reports of Regulatory Agencies The Department may require from the Participating Financial Institution information relating to the Participating Financial Institution’s status and performance, as developed by or for applicable state or federal regulatory bodies, and …

123-018-0200 Administrative Costs of Program The Department may charge actual and necessary administrative expenses in operating the Program to the Fund. Statutory/Other Authority: ORS 285A.075 & 285B.115(3) Statutes/Other Implemented: ORS 285B.115 & 285B.119 History: EDD 8-2005,…

123-019-0000 Purpose The intent of the Entrepreneurial Development Loan Fund is to provide direct loans to help start-ups, micro-enterprises and small businesses expand, become established, and/or retain operations in Oregon. The Fund is intended to fill niches not provided by ba…

123-019-0010 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) "Applicant" means any individual, association of individ…

123-019-0020 Eligibility (1) To be eligible for a loan from the Fund, each Applicant must meet one or more of the criteria in this section: (a) The Applicant must have had total revenues of $1,500,000 or less in the 12 calendar months immediately preceding the date application is…

123-019-0030 Application Procedure (1) Each Applicant shall certify to the Certified Entity and the Department that it is an eligible Applicant for the Fund under OAR 123-019-0020(1) and shall specify which of the criteria outlined in 123-019-0020(1) it meets. (2) The Certified E…

123-019-0040 Loan Conditions The Finance Manager may approve a loan request if the Finance Manager finds that: (1) The Applicant and the project are eligible for a loan from the Fund according to the criteria set forth in OAR 123-019-0020 and 123-019-0030. (2) The Applicant has a…

123-019-0050 Loan Agreement If the Finance Manager approves the loan, the Finance Manager, on behalf of the state, and the Applicant may enter into a loan contract of not more than $1,000,000, secured by Collateral, which shall set forth, among other matters: (1) A plan for repay…

123-019-0060 Appeals, Monitoring, Amendments and Modifications (1) If the Finance Manager denies a loan request and if requested in writing by the Applicant within 30 days of the denial, the Department shall inform the Applicant in writing of the reasons for such denial. (2) A de…

123-019-0070 Confidential Records (1) Upon written request and within a reasonable time, the Department shall provide nonexempt loan program records for inspection in accordance with ORS Chapter 192. (2) The person requesting inspection of the records may be charged in advance th…

123-019-0080 Restrictions (1) If the loan will result in the construction, expansion, rehabilitation or remodeling of a facility to which the public has access, access for handicapped persons must be provided in accordance with ORS 447.210 to 447.280. This provision applies only …

123-019-0090 Payment of Monies for Project (1) The Finance Manager shall be the sole judge of the suitability and eligibility of a Project for financing from the Fund, and approval of such financing shall be in the sole discretion of the Finance Manager. (2) If the Finance Manage…

123-019-0100 Certification of Entities for Business Plan Review (1) In addition to SBDCs, the Finance Manager may certify an entity for the review of business plans and for providing a Small Business Management Program if the Finance Manager finds in their sole discretion that th…

123-020-0100 Purpose and Scope This division of administrative rules describes the steps and necessary elements for the Commission to approve the formation of a Port, as required under ORS 285A.627(2). Statutory/Other Authority: ORS 285.075 Statutes/Other Implemented: ORS 285A.62…

123-020-0105 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: (1) "Applicant" means an entity that may legitimately seek and p…

123-020-0110 Application An Applicant for the formation of a port must: (1) Send the following, prior to any official filing with the appropriate county, to Attn: Port Formation Application, Oregon Business Development Department, State Lands Building Suite 200, 775 Summer Street…

123-020-0115 Criteria In carrying out its function as statewide coordinating, planning, and research agency for all Ports in the State of Oregon, and to insure the most orderly, efficient, and economical development of the state port system, the Authority will take into considera…

123-020-0120 Need for Port Services In evaluating the need for port services, the Authority will take the following into consideration: (1) That reasonable alternatives to the formation of a Port have been considered; (2) That significant adverse effects on other public or privat…

123-020-0125 Viability of Formation In reviewing the viability and merits of a proposed Port, the Authority will consider the following, in addition to the latest draft copy of the economic feasibility statement for district formation, if applicable, under ORS 198.749: (1) A prop…

123-020-0130 Orderly Development of Port and State Port System The Authority encourages and seeks public views on the following issues as they relate to the formation of a specific port district: (1) Relationship of the proposed Port activities to locally approved land use plans …

123-020-0140 Review and Commission Approval or Denial (1) An applicant will not seek, nor will any agency of a county government do either of the following, until such time as the Authority approves the formation of the port: (a) Conduct a deciding vote on port formation by the g…

123-021-2100 Purpose The purpose of these rules is to provide procedures, standards, and criteria for providing loan insurance from the Oregon Credit Enhancement Fund. Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.218 Statutes/Other Implemented: ORS 285B.200 - 285B.21…

123-021-2200 Delegation With the exception of appeals, the Department may authorize and approve loan insurance authorizations and require execution of any document necessary or convenient to make effective such insurance. Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.…

123-021-2300 Definitions For the purposes of these rules, additional definitions may be found in OAR chapter 123, division 1. The following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) "Authorized loan amount" means the amount of…

123-021-2400 Eligibility (1) Only Qualified Businesses are eligible to be Borrowers under the CEF Program. Further, in order for a loan to a Qualified Business to be eligible for insurance, the project must be expected to result in a Substantial Benefit that is realized primarily…

123-021-2500 Application Contents (1) Required Contents. Unless waived by the Department, the Financial Institution shall submit to the Department an application containing the following: (a) A completed General Information Sheet provided by the Department. (b) A written narrativ…

123-021-2600 Application Procedure (1) A Financial Institution seeking loan insurance under the Program is responsible for submitting a complete application to the Department. The Department will not consider an application unless the Department determines that the application is…

123-021-2700 Application Decision (1) The director or director’s designee will either approve or decline an application. Upon approval of an application, the Department will issue a Loan Insurance Authorization setting forth the terms and conditions upon which the loan will be in…

123-021-2800 Appeal to the Oregon Business Development Commission’s Finance Committee A Financial Institution may appeal the decision of the Department declining the Financial Institution’s application. The appeal will be considered by the Oregon Business Development Commission’s…

123-021-2900 Loan and Insurance Terms and Conditions (1) Interest rate. The rate of interest on the insured loan and the term of the loan shall be agreed between the Financial Institution and a Borrower. The maximum interest rate may not exceed the rate allowed by SSBCI Program g…

123-021-3000 Conventional Insurance Program Under Conventional Insurance, the Department insures: (1) Up to 80 percent of the original principal amount of a loan in an amount not to exceed the lesser of $6,000,000 or the product of the Authorized Loan Amount multiplied by the ins…

123-021-3100 Collateral Support Insurance Program (1) Collateral Support Insurance is only intended to mitigate a collateral shortfall at the maturity of an existing loan secured by real estate and is not available to mitigate other or additional credit deficiencies. Collateral S…

123-021-3200 Evergreen Insurance Program (1) Under Evergreen Insurance, the Department may insure up to 80 percent of the maximum principal amount of a line of credit in an amount not to exceed the lesser of $1,600,000 or the product of the Authorized Loan Amount multiplied by th…

123-021-3300 Construction Loan Insurance Program (1) Under Construction Loan Insurance, the Department may insure: (a) Up to 80 percent of the original principal amount of a construction loan, provided that the Department's maximum liability for any Deficiency due to a Material A…

123-021-3400 Loan Defaults, Liquidation Plans and Payment of Insurance Claims (1) A Financial Institution shall notify the Department within 30 days of a Borrower’s default on an insured loan. (2) If the Borrower fails to cure the default and the Financial Institution anticipates…

123-021-3500 Lender Agreement No Loan Insurance Authorization shall be effective unless the Financial Institution and the Department have executed a Lender Agreement in a form acceptable to the Department setting forth the relative rights and responsibilities of the Financial Ins…

123-021-3600 Insurance Premiums (1) The Department shall charge a one-time, up-front, insurance premium for each loan insured under a Lender Agreement pursuant to a Loan Insurance Authorization. The premium is due within 30 days of the date that the Department and the Financial I…

123-021-3700 Administrative Costs of the Program The Department may charge the fund actual and necessary administrative expenses in operating the Fund and its programs. Statutory/Other Authority: ORS 285A.075 & 285B.200 - 285B.218 Statutes/Other Implemented: ORS 285.476(2), (5) &…

123-021-3800 Confidential Records (1) The director or the director’s designee shall provide nonexempt Program records for inspection in accordance with ORS Chapter 192. (2) The person requesting inspection of the records may be charged in advance the Department's cost for locatin…

123-022-0060 Purpose The purpose of these rules is to provide procedures, standards, and criteria for making grants under ORS 285B.168 and 285A.340 to 285A.349 to community colleges, community college service districts, and other allowed entities to assist in the improvement and …

123-022-0070 Definitions For the purposes of these rules 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) "Small Business Development Center" mea…

123-022-0080 Eligibility Criteria To be eligible for a grant, an entitle must be: (1) a community college district, or a community college service district; or (2) a public university listed in ORS 352.002; or (3) a service provider offering small business development services in…

123-022-0090 Application and Award Procedures (1) Each applicant for a small business development center grant shall submit a work plan to the Oregon Small Business Development Center Network office. The annual work plan shall include: (a) Evidence of the potential demand for ass…

123-022-0100 Standards and Criteria The Oregon Small Business Development Center Network office shall use the following criteria to evaluate applicants work plans: (1) The number of small business clients to be served through one-to-one counseling and training programs as set out…

123-022-0110 Project Administration The Department shall designate one of the small business development centers to coordinate the activities of all small business development centers. The desginee shall review the applications and work plans, disburse the grant funds, and manage…

123-024-0001 Scope and Purpose In accordance with ORS 285A.020(5), the department shall give priority when providing funding for a project, a program or activity, to counties, cities, communities or other geographic areas that are designated as distressed by the department. The d…

123-024-0011 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001 The following terms shall have the following definitions, unless the context clearly indicates otherwise: "City" means the area within the corporate limit…

123-024-0021 Distressed Area List At least once per biennium, the department will review the economic conditions in Oregon and prepare a list of distressed areas. The distressed area list on file with the department's Director's Office is adopted as part of these rules by referen…

123-024-0031 Methodology for Determining Distressed Areas The department will consider a county, City, or other geographic area to be a distressed area under one of the following methods: (1) Using the most recent data available on the date of calculation, a county is considered …

123-024-0046 Temporary Methodology for Determining Distressed Areas The following methodology will be used to determine temporarily distressed areas when economic distress is abundant throughout the state of Oregon. (1) State Temporary Distressed Test: In a given month, if Oregon…