Oregon Administrative Code

123-300-0101 Definitions Terms used throughout this OAR Chapter 123, Division 300, are as defined in the Act, as provided in the Department’s Procedural Rules in OAR Chapter 123, Division 001, and herein. As used in this division of administrative rules, the following definitions…

123-300-0201 Authority to Implement the Program The manager of the Department’s Business Finance programs, or their designee, may execute documents reasonably necessary or convenient to implement and administer the Program. Statutory/Other Authority: ORS 285A.075 History: OBDD 9-…

123-300-0301 Lender Eligibility and Award Procedure (1) Program awards to lenders will be made through a competitive RFP process administered by the Department, of which no more than 10% of the available funds may be awarded to any single lender as a result of any RFP process. (2…

123-300-0401 Agreement An Agreement for a Program award that the Department enters into with a lender shall provide: (1) That the lender’s sole remedy against the State of Oregon and the Department under the Agreement is limited to the Program award amount provided under the Agre…

123-300-0501 Establishing a Loan Loss Reserve Account; State Transfer of Award funds to Account (1) Within 30 days after the Department and lender execute an Agreement, lender and Department shall establish a Loan Loss Reserve Account in accordance with the Department’s policies …

123-300-0601 Ownership, Control, Investment of Loan Loss Reserve Account (1) Ownership of the Loan Loss Reserve Account shall be attributed to the lender’s EIN (tax ID). (2) The Department and the Department only shall control the Loan Loss Reserve Account and have oversight over…

123-300-0701 Loan Eligibility (1) A lender may apply to the Department to enroll a Qualified Loan in the Program. The Department, at its sole discretion will determine whether a Loan is eligible and meets all the requirements for enrollment. (2) A Qualified Loan does not mean a l…

123-300-0801 Procedure for Enrollment of a Qualified Loan (1) A lender may enroll a Qualified Loan in the Program by notifying the Department of the Qualified Loan to be enrolled, in a form prescribed by the Department, no less than five (5) business days prior to the lender disb…

123-300-1001 Procedure for Making Claim for Reimbursement of Loss & Prioritization of Recovered Proceeds (1) A lender shall notify the Department within 30 days of a default on an Enrolled Loan. (2) If the Borrower is unable to cure the default and the lender anticipates writing …

123-300-1101 Reimbursement of Claims from Loan Loss Reserve Account (1) The Department shall approve a lender’s Claim to reimburse the lender for Loss on an Enrolled Loan in default pursuant to the process and requirements described in OAR 123-300-1001. (2) The Department shall r…

123-300-1201 Recovery on Loan Subsequent to Payment of Claims (1) If, subsequent to the Department’s approval of the payment of a Claim from the Loan Loss Reserve Account, the lender recovers from the Borrower, or its Principal(s), through liquidation of collateral or from any ot…

123-300-1301 Assignment of Enrolled Loan to Department (1) As provided in OAR 123-300-1001(9), the Department, at its sole discretion, may take assignment of a defaulted Enrolled Loan and pursue collection efforts. (2) Lender shall assign the Enrolled Loan to the Department upon …

123-300-1401 Reporting (1) No later than July 31 of each year, a lender shall, during the term of an Agreement, provide an annual report to, and in a form prescribed by the Department, for the period beginning July 1 of the immediate proceeding year and ending on June 30 of the c…

123-300-1501 Termination of Continued Loan Enrollment, Repayment of Balance, and Withdrawal from the Program (1) Should a Loan Loss Reserve Account balance reach zero or be expected to reach zero with the payment of a Claim, the Agreement shall be terminated subject to a final re…

123-300-1601 Disposition of Funds Withdrawn from Loan Loss Reserve Accounts All funds returned to the Department from lenders, or not disbursed as Program Awards by the Department by June 30, 2023, will be remitted to the State General Fund. Statutory/Other Authority: ORS 285A.07…

123-300-1701 Inspection of Files and Record Retention (1) Program lenders shall permit the Department and any party designated by the Department, including the Secretary of State at any reasonable time, to inspect and make copies of any accounts, books and records, including, wit…

123-300-1901 Release of Lender from Agreement and Use of Balance in Account (1) A lender shall be released from any obligation under an Agreement and may use for any purpose the remaining balance in the lender’s Loan Loss Reserve Account, including accrued interest, if the lender…

123-400-0000 Purpose and Scope (1) The 82nd Oregon Legislative Assembly, 2023 Regular Session, passed chapter 25, Oregon Laws 2023 (Enrolled Senate Bill 4) which established the Oregon CHIPS Fund (“Fund”) and a new program to support private investment in the semiconductor and ad…

123-400-0010 Federal Terms (1) For purposes of this division administrative rules, the following terms are defined based on the federal CHIPS for America Act with the applicable federal statute cited with each term: (a) The term "covered entity" means a nonprofit entity, a privat…

123-400-0020 Definitions For the purposes of this division of administrative rules, in addition to definitions found in OAR Chapter 123, Division 1 (Procedural Rules) and OAR 123-400-0010, the following terms have the meanings set forth below: (1) “Agreement” means a program gran…

123-400-0030 Application Review and Approval (1) In coordination and consultation with the Governor, the Department shall review all timely and complete applications for program grants and loans. The review shall include: (a) Review of proposed projects for determination of compl…

123-400-0040 Project Requirements (1) To be approved and funded, an application must propose a project that includes permitted program grant and loan uses of Funds as provided by Section 1(3)(a), chapter 25, Oregon Laws 2023. That is, a proposed project must request program grant…

123-400-0050 Application Assistance Grants (1) As part of an application that requests a program grant or loan for a proposed project, a business may request an application assistance grant in an amount not to exceed $50,000. (2) The Department may award and disburse an applicati…

123-400-0060 Agreements (1) After approval of an application for a program grant or loan for a Project, the Department in coordination with the Governor shall promptly: (a) Provide official documentation of the program grant or loan for the business to present as evidence of a co…

123-400-0070 Reporting Economic and Fiscal Information (1) Following the date on which a business enters into an agreement with the Department, the business must submit a report to the Department on the status of its Project as provided by section 4(1), chapter 25, Oregon Laws 20…

123-400-0080 Verification of Obligations (1) A business shall submit a report and documentation to the department each year by November 15, verifying, as applicable to their agreement, their project’s annual: (a) State and local revenue generated in accordance with section 1(4)(e…

123-400-0090 Revenue and Employment Requirements (1) The agreement shall specify whether fulfilment of program requirements to avoid repayment of program grant or loan proceeds will be primarily determined by satisfaction of section 1(4)(e) or 1(4)(f), chapter 25, Oregon Laws 202…

123-400-0100 Oregon CHIPS Fund In addition to the disbursement of program grants and loan proceeds or other purposes allowable under sections 1 to 6, chapter 25, Oregon Laws 2023, moneys from the Fund may be used, as determined by the Governor or the Department, to pay for: (1) A…

123-400-0110 Records and Data Confidentiality (1) Data or information regarding a Business or Project in Agreements, applications, semiannual reports, or related materials or communications provided to the Department or Governor will be public records subject to disclosure, excep…

123-401-0100 Purpose and Scope (1) The 2023 Oregon Legislature passed chapter 298, Oregon Laws 2023 (Enrolled House Bill 2009), which establishes the Research and Development Tax Credit for Semiconductors. This is a new program to both recognize and further the important contribu…

123-401-0200 Definitions For the purposes of this division of administrative rules, in addition to definitions found in ORS 315.518 to 315.522, the following terms have the meanings set forth below: (1) “Act” means Oregon Laws 2023, chapter 298, sections 1 through 12 (Enrolled Ho…

123-401-0300 Taxpayer Eligibility To be eligible for certification required to claim the Research and Development Tax Credit for Semiconductors, a taxpayer must meet all of the following requirements as well as any additional requirements specified in statute or applicable admini…

123-401-0400 Certification Process (1) For the 2024 tax year, a taxpayer that submitted a valid registration form to the Oregon Business Development Department by December 1, 2023, and seeks to claim a Research and Development Tax Credit for Semiconductors for tax year 2024 must …

123-401-0500 Certification Fee (1) The Oregon Business Development Department is authorized to establish a fee for filing a written application for certification under ORS 315.522(4) adequate to recover the costs incurred by the department in reviewing the applications. (2) The f…

123-401-0600 Calculation of Tax Credit Certified Amount (1) Pursuant to the Act, the Oregon Business Development Department may not certify a total amount of potential tax credits for all qualified semiconductor companies in excess of the limits in Oregon Laws 2023, chapter 298, …

123-450-0000 Definitions (1) “Commission” means the Oregon Arts Commission. (2) “Executive Director” means the administrator of the Arts Program of the Oregon Business Development Department. Statutory/Other Authority: ORS 359 Statutes/Other Implemented: ORS 359 History: OBDD 2-2…

123-450-0010 Grants (1) Receipt of Funds. The Commission may receive from state, federal, or local governments or from the community at large, funds for use by the Commission for its own programs or disbursements deemed worthy by the Commission within the restrictions provided by…

123-475-0000 Purpose The purpose of these rules is to: (1) Establish procedures for acquisition of works of art in an amount of 1% of direct construction costs of any project for the construction or alteration of any State Building in an amount of $100,000 or more. (2) Promote pl…

123-475-0005 Definitions The words and phrases used in these rules have the same meaning given them in ORS 276.073. In addition, as used in these rules, unless the context requires otherwise: (1) "Architect" means the person or firm (architect, landscape architect, interior desig…

123-475-0010 Overview of Program (1) The Oregon Arts Commission coordinates the Program. All Oregon State agencies, upon legislative approval of construction budgets, must notify the Oregon Arts Commission in writing of construction budgets or appropriations approved by the Legis…

123-475-0012 Public Art Advisory Committee The Oregon Arts Commission may establish a Public Art Advisory Committee consisting of two Oregon Arts Commissioners and up to seven arts professionals designated by the Oregon Arts Commission. The Oregon Arts Commission may use the Publ…

123-475-0013 Prequalified Artist Roster Experienced and talented artists may be prequalified by the Oregon Arts Commission for Program projects. The Oregon Arts Commission publishes a prospectus inviting applications. The Public Art Advisory Committee serves as the review panel a…

123-475-0015 Selection Committee (1)(a) A Selection Committee shall be established for each Program Project. The Selection Committee, on behalf of the Designated Agencies, shall determine the scope, direction, and particular needs of the Project. Except as provided in subsection …

123-475-0025 Selection Committee Procedure (1) The Selection Committee shall meet to consider the particular needs of the Project including budget, suitable art forms, appropriate locations, and method of artist/artwork selection. (2) The Selection Committee may use any of the fo…

123-475-0030 Criteria for Selecting Works of Art (1) Style and Nature: Works of Art of any aesthetic persuasion that are compatible in scale, material, form and content with their surroundings may be considered. (2) Diversity of the Collection: The Oregon Arts Commission seeks to…

123-475-0035 Inclusions Appropriations under ORS 276.080 for the Program may be spent for: (1) The Work of Art itself which may include but is not limited to: (a) Artist's professional fee; (b) Labor of assistants; (c) Materials required for production of the Work of Art; (d) Pro…

123-475-0040 Exclusions Appropriations for the Program may not be spent for: (1) Reproductions, by mechanical or other means, of original Works of Art. (2) Decorative, ornamental, or functional elements that are designed by the Architect or consultants engaged by the Architect, a…

123-475-0050 Responsibilities (1) The Oregon Arts Commission shall: (a) In consultation with the Designated Agencies, be responsible for selection, reviewing of design, execution, placement and acceptance of Works of Art", acquired under the Program; (b) Appoint the members of th…

123-475-0055 Scope and Nature of Expenditures (1) While no more than 1% of the amount from capital construction appropriations may be dedicated to the Program, a dollar total greater than 1% can be expended for art in a Project if the additional funds are generated from other sou…

123-475-0060 General Principles and Procedures (1) Freedom of Expression: Because of the bold attempt to meld the imaginations and talents of so many individuals and groups, freedom to reach creative solutions must always be maintained. Artists must be sensitive to the unique qua…