Oregon Administrative Code

123-052-1150 Aggie Bonds Purchased By Participating Lenders (1) An applicant seeking Aggie Bond financing through a Participating Lender must apply to the Program on a form provided by the Department. That Application must be accompanied by a non-refundable application fee of $25…

123-052-1300 Requirements for Beginning Farmers (1) As required by federal law, a Beginning Farmer must: (a) Be a “first-time farmer” within the meaning of Section 147(c)(2) of the Code. That section of the Code generally provides that a first-time farmer is an individual who has…

123-052-1400 Requirements for Property Financed through the Program (1) Federal law requires that: (a) Property financed through the Program consist only of: (A) Agricultural Land as defined in OAR 123-052-1100(3). (B) Agricultural Improvements as defined in OAR 123-052-1100(2). …

123-052-1500 Requirements for Standard Lenders (1) A Standard Lender must either be: (a) An insured institution, as defined by ORS 706.008, that is authorized to do business in Oregon and that makes loans to persons engaging in farming or similar operations; (b) An "Accredited In…

123-052-1600 Additional Requirements for Aggie Bonds (1) The expenditures financed under the Program cannot exceed the Federal Maximum, reduced by the total amount of Tax-exempt financing under Section 147(c)(2) of the Code that the Borrower, the Borrower’s spouse or minor childr…

123-052-1610 Application When Aggie Bonds are Purchased by a Standard Lender (1) An Applicant must apply for qualification to the Program on a form provided by the Department. (2) Each Application shall: (a) Contain a representation that the Application is an individual who has r…

123-052-1700 Procedure after Preliminary Eligibility Determination for Aggie Bonds to be Purchased by Standard Lenders (1) If the Department notifies the Applicant that the Applicant, the proposed project and the proposed lender appear eligible for the Program, the Borrower may f…

123-052-1900 Bond Counsel Opinion for Aggie Bonds Purchased by Standard Lenders (1) The state requires the Applicant and the Standard Lender obtain a traditional approving opinion from the Program’s Bond Counsel concluding that the Aggie Bond issued for the Applicant is a valid a…

123-052-2000 Fees and Costs (1) The Applicant shall pay the Department the nonrefundable $250 application fee. (2) At closing, the Department may require the Borrower to pay the following costs or fees: (a) A bond closing fee of 1.5% of the total Aggie bonds issued for the projec…

123-052-2100 Security for Aggie Bonds (1) Each Aggie Bond will be a special, limited obligation of the State of Oregon that is payable solely from the Eligible Revenue paid to the lender as provided in the Lender Documents (2) As required by ORS 285A.420 to 285A.435, the Aggie Bo…

123-052-2200 Waiver The Department may, in its discretion, waive any of the requirements of these administrative rules to the extent such requirements are not otherwise imposed by law. Statutory/Other Authority: ORS 285A.420 - 285A.435 & ch. 742 OL 2013 Statutes/Other Implemented…

123-052-2300 Authority to Manage the Program The Program shall be managed by the Department or its designee, and is not a Program of the Business Development Commission. Statutory/Other Authority: ORS 285A.420 - 285A.435 & ch. 742 OL 2013 Statutes/Other Implemented: ORS 285A.420.…

123-052-2400 Confidential Records (1) Upon written request and within a reasonable time, the Department shall provide program records for inspection in accordance with ORS Chapter 192. (2) The person requesting records will be charged for preparing and mailing such records. Costs…

123-053-0011 Purpose and Objectives These rules provide for the Oregon Infrastructure Finance Authority’s administration and implementation of the Housing Infrastructure Finance Program (referred to as “Program” for this Chapter 123, Division 53 of Oregon Administrative Rules) es…

123-053-0021 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR Chapter 123 Division 001. The following terms have the meanings set forth below, unless the context clearly indicates otherwise. (1) “Affordable Housing Covenant”…

123-053-0031 Loan, Grant and Forgivable Loan Information (1) The Authority may provide Awards in a manner that maximizes the use of available resources and maintains the desired credit standards of the Fund. The Authority shall determine the amount, type, interest rate and other …

123-053-0041 Application Prioritization (1) When making grant or forgivable loan Program Award decisions, the Authority will prioritize Projects with rental housing that will be made affordable to households with low income (which may include very low income) or moderate income t…

123-053-0051 Allowable Project Costs Allowable Project costs include: (1) Financing costs, including capitalized interest; (2) Direct Project management costs; (3) Costs of consultant services and expenses; (4) Construction costs and expenses; (5) Costs of property acquisition, i…

123-053-0061 Ineligible Projects and Ineligible Project Costs (1) Projects that the Authority determines are not financially feasible are ineligible Projects. This includes but is not limited to Projects that do not have sufficient capital to complete the Project and those that d…

123-053-0071 Application Requirements (1) An application for a Program Award must be submitted to the Authority in the form provided by the Authority and must contain or be accompanied by such information and documentation as the Authority requires in its solicitation for applica…

123-053-0081 Contracts and Disbursements of Funds (1) The Authority shall make disbursements to an Award recipient only after entering into a binding contract with the Award recipient. (2) The contract will be in a form provided by the Authority, and must include: (a) Terms for A…

123-053-0091 Remedies The Authority may invoke remedies for an “event of default” as described in the contract with the Award recipient, including but not limited to the following: (1) Withholding of amounts otherwise due to the Award recipient; (2) Barring the Award recipient fr…

123-053-0101 Grant Evaluation, Review and Approval (1) The Authority will announce deadlines for submitting Program applications and provide the final evaluation criteria in the solicitation document. (2) Complete applications submitted by Eligible Applicants will be evaluated by…

123-053-0111 Appeals and Exceptions (1) The Authority’s Award decisions are final and may not be appealed. (2) In its sole discretion, the Authority or its designee may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to further…

123-056-0010 Purpose As provided in Oregon Revised Statutes (ORS) 285B.260, the Oregon Business Development Department shall administer the Local Economic Opportunity Fund to provide grants for projects that support economic development priorities as identified in approved local …

123-056-0020 Definitions (1) “Department” means the Oregon Business Development Department. (2) “Fund” means the Local Economic Opportunity Fund created by ORS 295B.260. (3) "Approved Strategic Plan" means a strategic plan determined by the Department to meet the requirements set…

123-056-0030 Strategic Plans In order to be an Approved Strategic Plan, a strategic plan must: (1) Identify, address and coordinate the economic development priorities of a community or geographic region in the state of Oregon (2) Result in economic benefit to the state of Oregon…

123-056-0035 Distribution of Funds The Department, in its sole discretion, shall determine grants awarded from the Fund. The grant must support implementation of a project included in an Approved Strategic Plan. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Im…

123-056-0040 Waiver of Non-Statutory Requirements The Director or the Director’s designee may waive non-statutory requirements of this division of administrative rules, if demonstrated that such a waiver serves to further the goals and objectives of ORS 285B.230 to 285B.266, and …

123-057-0510 Allocation In each biennium: In accordance with ORS 285B.263 and 285B.266(3), the department may allocate a specific portion of the Strategic Reserve Fund to be used as the Strategic Regional Investment Opportunity Fund. Statutory/Other Authority: ORS 285A.075, 285B.…

123-057-0530 Use and Criteria of Strategic Regional Investment Opportunity Project Moneys In each biennium, the commission may allocate funds from the Strategic Reserve Fund to create a Strategic Regional Investment Opportunity Fund. The department shall allocate a portion of the…

123-057-0710 General Guidance For purposes of ORS 285B.263(6), each region shall prepare and submit a biennial report to the Governor, Commission and Legislative Assembly: (1) This biennial report shall be prepared and submitted in conformance with the following: (a) Format and p…

123-057-0910 Waiver of Nonstatutory Requirements The Director or the Director’s designee may waive non-statutory requirements of this division of administrative rules, if demonstrated that such a waiver serves to further the goals and objectives of ORS 285B.230 to 285B.269, and t…

123-061-0010 Purpose These rules establish the criteria and process for selecting Projects to be funded by the Regional Infrastructure Fund. The Oregon Business Development Department administers the Regional Infrastructure Fund for the purpose of providing Grants and Loans to Lo…

123-061-0020 Definitions The following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Department” means the Oregon Business Development Department established by ORS 285A.070. (2) “Fund” means the Regional Infrastructure Fund. (3) "Gran…

123-061-0030 Project Applications (1) The Department will develop an application to apply for Project funding and develop procedures for review and award. Applications will be received by the Department. (2) The Department will issue a Request for Applications when it has availab…

123-061-0031 Project Criteria Projects shall be evaluated on the following criteria: (1) Whether the proposed Project addresses one or more Regional Priorities established by the Regionally-Based Planning Committees appointed to the Region where the proposed Project is sited. (2)…

123-061-0032 Public Involvement (1) Applications that are timely submitted and complete, will be forwarded to the applicable Regionally-Based Planning Committee for review and recommendation of Projects from that respective Region. (2) Regionally-Based Planning Committees will fo…

123-061-0033 Project Recommendations and Awards (1) Regionally-Based Planning Committees will recommend Projects from their Region to the Grant and Loan Review Committee. (2) The Department will establish a Grant and Loan Review Committee, which will review Project recommendation…

123-061-0035 Contracts (1) Upon approval of an award from the Fund, the Department will enter into a binding contract with the Local Government or Tribe. (2) The contract for a Grant and/or Loan shall be in a form provided by the Department and will include at a minimum: (a) A pr…

123-070-1000 Purpose and Scope (1) The purpose of this division of administrative rules is to implement ORS 461.740, under which business firms are required to enter into a First Source Agreement if benefiting from funds derived from the Oregon State Lottery through certain econo…

123-070-1100 Definitions For purposes of this division of administrative rules, in addition to definitions in OAR 123-001 (Procedural Rules), unless the context demands otherwise: (1) Contact Agency means the entity that represents publicly funded job training providers. It shall…

123-070-1150 Affected Businesses For purposes of this division of administrative rules: (1) A Benefited Business means any for-profit business firm (regardless of its form of ownership or organization) that benefits directly or substantially from a state lottery-funded program, a…

123-070-1300 Administration for Lottery-Funded Projects (1) For the lottery-funded programs listed in OAR 123-070-1150(1)(a), the Department shall take anticipatory actions that are necessary and appropriate to implement the requirement of the First Source Agreement in accordance…

123-070-1500 Waivers and Geographic Coverage of First Source Agreements (1) Except in the case of the Strategic Investment Program, the Director may issue a waiver that does the following: (a) Relieves a Benefited Business of the requirement of entering into the First Source Agre…

123-070-1600 Duration of First Source Agreements For purposes of a First Source Agreement: (1) The term of agreement shall begin on or before the first date of any new hiring activity associated with employees for the benefited investment of the Benefited Business. (2) The term o…

123-070-1800 Local/Case-Specific Modifications to the First Source Agreement For purposes of OAR 123-070-1700, the First Source Agreement may be modified or amended as follows, as long as such modification or amendment does not alter or nullify the clear expression or the intent …