Oregon Administrative Code

123-130-0040 Project Eligibility (1) Reimbursable eligible costs include project activities and environmental actions performed in accordance with ORS 285A.193(3)(a) but do not include costs excluded by ORS 285A.193(3)(b). (2) Projects on sites that contain or are proposed to con…

123-130-0050 Application Requirements (1) Applications that include site characterization must discuss in the project description how the environmental actions will contribute or lead to cleanup and/or redevelopment of the site. (2) Applications must discuss in the project descri…

123-130-0060 Application Considerations and Processing (1) The Department shall process completed Fund applications only. Applications will be considered complete when all relevant requirements of this Division are met. (2) The Department can waive application requirements to mak…

123-130-0070 Forgivable Loan Agreement Conditions (1) Forgivable loans do not require match. Applicants will be responsible for closing costs associated with the loan including but not limited to document preparation, title, escrow, recording or filing fees. (2) The Department sh…

123-130-0080 Remedies (1) If, at any time, it is discovered that the applicant or the project violates the applicant eligibility exclusions in OAR 123-130-0030 or the project eligibility exclusions in OAR 123-130-0040, the Department may seek legal remedies against applicants tha…

123-130-0090 Consultation with Government Agency (1) The Department will consult with the government agency prior to its funding decision and will provide the government agency with information about the applicant, site, project description, environmental service professional, an…

123-135-0000 Purpose The purpose of these rules is to implement the Brownfields Redevelopment Fund created in 1997 through Chapter 738 Oregon Laws 1997 and amended by Chapter 96 Oregon Laws 2001. The purpose of the Brownfields Redevelopment Fund is to enhance the availability of …

123-135-0010 Policy It is the policy of the Oregon Business Development Department to promote sustainability and assist rural or distressed communities with local development priorities. Facilitating environmental cleanup consistent with a polluter-pays principle and the redevelo…

123-135-0020 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division, the following terms shall have the following meaning unless otherwise indicated: (1) "Bridge Loan" means a loan that will be re…

123-135-0030 Applicant Eligibility (1) Any person, non-profit, or municipality is eligible to make application to the Department for assistance from the Fund as long as they are not subject to exclusion by ORS 285A.188(3)(a). (2) Eligibility under OAR 123-135-0030 shall also be d…

123-135-0040 Project Eligibility (1) Projects may contain non-residential underground storage tanks. Superfund sites on the National Priorities List are not eligible. Reimbursable project activities include, but are not limited to: (a) Site investigation; (b) Site sampling; (c) S…

123-135-0050 Application Requirements (1) Applications that include capacity building, site sampling and/or site characterization must discuss in their project description how the funded activities will contribute or lead to cleanup and/or redevelopment of the site. (2) Applicati…

123-135-0065 Application Considerations and Processing (1) Applications may be submitted to the Department at any time. The Department shall not process an incomplete Fund application. Applications are complete when all relevant requirements of this Division are met. (2) The Depa…

123-135-0080 Loan Agreement Conditions (1) Loans do not require match. Applicants may be responsible for closing costs associated with the loan including but not limited to document preparation, review of documentation for legal sufficiency, title, escrow, recording or filing fee…

123-135-0087 Grant Contract Conditions (1) Municipal and eligible non-profit organization applicants may be eligible for grants. Determination of grant eligibility will be made by the Department at the time of award and may be based on subsidy need, credit risk, economic benefit,…

123-135-0090 Remedies (1) If, at any time, it is discovered that the applicant or the project violates the applicant eligibility exclusions in OAR 123-135-0030 or the project eligibility exclusions in 123-135-0040. The Department may seek legal remedies against applicants that fa…

123-135-0100 Subsidies and Waivers (1) The Department has the discretion to waive interest charges or provide interest rate subsidies in the form of rate reductions and may grant any other form of waiver or subsidy within its authority. The Department shall utilize its discretion…

123-135-0110 Consultation with Department of Environmental Quality (1) In accordance with ORS 285A.188(4), the Department shall consult with the Department of Environmental Quality prior to the decision to approve an application. The Department shall provide the Department of Env…

123-140-0010 Purpose, Scope, and Incorporated Documents (1) As provided in Oregon Revised Statutes (ORS) 285A.190, the Oregon Business Development Department shall administer the federally funded revolving fund to provide cleanup financing to eligible publicly and privately owned…

123-140-0020 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 public or private entity that is e…

123-140-0030 Eligible Applicants and Activities (1) Eligible loan applicants are any public, private, or Non-Profit organization with control over or access to a brownfields site, except those entities which are potentially liable under CERCLA, or which are currently suspended, d…

123-140-0040 Program Information (1) The Department shall prepare program guidelines, application forms and other supplemental program information to help eligible Applicants seek financing and prepare loan and/or grant applications for the Fund. (2) Program guidelines as prepare…

123-140-0050 Program Rights and Remedies (1) The Department may exercise certain rights and remedies in the event the Recipient fails to comply with Contract provisions and, if allowed under the Contract, the Recipient fails to correct the deficiency within a reasonable time afte…

123-165-0010 Purpose and Objectives The Oregon Business Development Department allocates, reallocates and otherwise manages Oregon’s Recovery Zone Economic Development Bonding authority and Recovery Zone Facility Bonding authority. These rules are promulgated under authority gran…

123-165-0020 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) "Allocation" means an origin…

123-165-0030 Use of Original Allocation and Reallocation (1) For the purposes of recovery zone economic development bond and recovery zone facility bond allocations, a recipient of an original allocation may use its allocation or designate other issuing localities within the juri…

123-165-0040 Criteria for Reallocation Award of Recovery Zone Economic Development Bonds Cap In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department: (1) The relative level of econom…

123-165-0045 Criteria for Reallocation Award of Recovery Zone Facility Bonds Cap In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department: (1) The relative level of economic distress …

123-165-0050 Rule Waiver The director may waive any non-statutory requirements of OAR chapter 123, division 165 if it is demonstrated such a waiver will further the goals and objectives of the program. Statutory/Other Authority: ORS 286A.630 & 285A.075 Statutes/Other Implemented:…

123-200-1000 Purpose (1) The purpose of OAR 123-200-1000 to 123-200-2200 is to adopt a standard application form and procedure designed to provide complete documentation for certification of businesses as minority, woman, veteran owned businesses or an Emerging Small Business or …

123-200-1100 Definitions As used in these rules, the following terms shall have the following definitions, unless the context requires otherwise: (1) “Agency” means the Oregon Business Development Department. (2) “COBID” means the Certification Office for Business Inclusion and D…

123-200-1210 Minorities and Women Business Enterprise Certification — Determination of Socially and Economically Disadvantaged (1) It is a rebuttable presumption that minorities and women are socially and economically disadvantaged. (2) The COBID may also determine on a case-by-c…

123-200-1220 Determination of Ownership (1) In determining whether the qualifying individual owns the firm, the COBID must consider all the facts in record viewed as a whole. (2) One or more qualifying individuals must own at least 51% of the business. COBID will apply the standa…

123-200-1230 Determination of Independence (1) The business must be a “for profit,” independent, properly licensed, and registered with the Secretary of State in the State of Oregon. (2) In determining whether a certified firm is an independent business, the COBID must scrutinize…

123-200-1240 Determination of Management Control (1) All legal documents and financial statements must clearly document that the qualifying individual has management and control of the firm. (2) The qualifying individual(s) must hold the highest officer position in the company (e…

123-200-1300 Certification: Application and Procedure (1) Businesses seeking certification must complete the Certification Application provided by the COBID. (2) Applicants seeking certification as an Airport Concession Disadvantage Business Enterprise (ACDBE) or Disadvantage Bus…

123-200-1400 Certification Review (1) All certifications are valid for three years. (2) The COBID will send an annual “no change” statement to firms, approximately 30 days prior to the one-year and two-year anniversaries of the certification date. The applicant must complete the …

123-200-1500 Denial and Decertification of MBE, WBE, and VBE Firms (1) The COBID may deny or decertify a firm at any time it determines that the firm does not or no longer meets the eligibility standards set out in OAR 123-200-1000 through 123-200-2300 and ORS 200.005. The proced…

123-200-1600 Emerging Small Business (ESB) Certification Procedures — Eligibility Standards (1) The ESB program is race and gender neutral and is based on the size of the business, not the individual applicant. (2) A firm’s certification as an ESB may only last for a maximum of 1…

123-200-1610 Oregon Small Business Enterprise (OSBE) - Eligibility Standards (1) The OSBE program is for Oregon-based businesses only, is race and gender neutral and based on the size of the business. (2) To be eligible for certification as an OSBE, a firm must meet the following…

123-200-1620 Certification Review of OSBE Firms (1) COBID will send an annual “no-change” statement to firms approximately 30 days prior to the one-year anniversary of the certification date. The applicant must submit a completed statement, along with federal tax information for …

123-200-1630 Denial and Decertification of OSBE Firms (1) This rule applies only to the denial and decertification of a firm’s OSBE status under Oregon law. COBID may deny certification or decertify a firm at any time if the agency determines that the firm no longer meets eligibi…

123-200-1700 ESB Certification: Application Form and Procedure (1) The COBID will utilize ORS 200.170 to review a business’ eligibility for certification as an ESB. (2) A firm wishing to apply for certification in the ESB program shall complete the application provided by the COB…

123-200-1800 Certification Review (1) Certification as an ESB is valid for three years from the date of certification. (2) The COBID will send an annual “no-change” statement to firms approximately 30 days prior to the one-year and two-year anniversaries of the certification date…

123-200-1900 Denial and Decertification of ESB Firms (1) This rule applies only to the denial and decertification of a firm’s ESB status under Oregon law. The COBID may deny certification or decertify a firm at any time if the agency determines that the firm no longer meets eligi…

123-200-2000 Complaints of Ineligibility for All Programs (1) A complainant must submit a Complaint of Ineligibility regarding certification of an individual or firm to the COBID. The COBID will process complaints according to the following procedure: (a) Any individual or agency…

123-200-2200 Representation of the COBID by Officer or Employee in Contested Case Hearings (1) An officer or employee of the COBID may appear on behalf of the COBID in contested case hearings, subject to the approval and authorization of the Attorney General. (2) The COBID repres…

123-200-2210 Contracting Agency Responsibilities (1) It is the public agency’s sole responsibility to perform commercially useful function (CUF) reviews. (2) The COBID may consider and review the CUF reviews completed by the public contracting agency or any other relevant factors…

123-200-2300 Directory The COBID shall maintain a statewide-unified directory of certified firms as follows: (1) Certified firms shall use the current business name as registered with the Secretary of State, Corporation Division. Businesses operating under the owner’s individual …

123-300-0001 Purpose and Scope (1) The purpose of this division of administrative rules is to carry out the provisions of the Act as they pertain to the administration of the Community Lenders’ Loan Loss Account Program. These rules provide definitions, program procedures, lender…