Oregon Administrative Code

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…

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…