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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 


































DIVISION 630

OREGON LOW INCOME COMMUNITY JOBS
INITIATIVE
123-630-0000
Purpose
This division of administrative rules
specifies procedures and criteria necessary to administer processes under the Oregon
Low Income Community Jobs Initiative for the certification of a qualified equity
investment in order to receive a credit allowance for taxes otherwise due under
ORS chapter 316, 317 or 318.
Stat. Auth.: ORS 285C.650 - 285C.656
& 315.526 – 315.536
Stats. Implemented: ORS 285C.650
- 285C.656 & 315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12, OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14; OBDD 2-2015(Temp), f. & cert. ef. 2-12-15
thru 8-10-15; Administrative correction, 8-18-15; OBDD 8-2015, f. & cert. ef.
9-1-15
123-630-0010
Definitions
For the purposes of this division of
administrative rules, additional definitions are found in Procedural Rules, OAR
chapter 123-001. As used in OAR chapter 123 division 630 the following terms have
the meanings set forth below and in ORS 285C.650-285C.656 and ORS 315.526-315.536,
unless the context clearly indicates otherwise.
(1) “Applicable percentage”
means zero percent for each of the first two credit allowance dates, seven percent
for the third credit allowance date and eight percent for the next four credit allowance
dates.
(2) “Credit allowance
date” means, with respect to any qualified equity investment:
(a) The date on which the
investment is initially made; and
(b) Each of the six yearly
anniversary dates after that initial date.
(3) “Long-term debt
security” means any debt instrument issued by a qualified community development
entity, at par value or at a premium, with an original maturity date of at least
seven years from the date of its issuance, with no acceleration of repayment, amortization
or prepayment features prior to its original maturity date.
(4) “Purchase price”
means the amount of cash paid to a qualified community development entity for a
qualified equity investment.
(5) “Qualified active
low-income community business” has the meaning given that term in section
45D of the Internal Revenue Code and the rules and regulations adopted pursuant
thereto. “Qualified active low-income community business” does not include,
a business that derives or projects to derive 15 percent or more of its annual revenue
from the rental or sale of real estate, unless the business is controlled by, or
under common control with, another business that:
(a) Does not derive or project
to derive 15 percent or more of its annual gross revenues from the rental or sale
of real estate; and
(b) Is the primary tenant
of real estate leased from the controlled business.
(6) “Qualified community
development entity” has the meaning given that term in section 45D of the
Internal Revenue Code, provided that the entity has entered into, or is controlled
by an entity that has entered into, an allocation agreement with the Community Development
Financial Institutions Fund of the United States Department of the Treasury with
respect to credits authorized by section 45D of the Internal Revenue Code, and the
State of Oregon is included within the service area set forth in the allocation
agreement.
(7) “Qualified equity
investment” means any equity investment in, or long-term debt security issued
by, a qualified community development entity, that:
(a) Is acquired at its original
issuance solely in exchange for cash after July 1, 2012, unless it was a qualified
equity investment in the hands of a prior holder; and
(b) Within 12 months of its
issuance substantially all of its cash purchase price is used by the issuer to make
qualified low-income community investments in qualified active low-income community
businesses located in this state and thereafter over the term of the qualified equity
investment no less than 85 percent of its cash purchase price is used by the issuer
to make qualified low-income community investments in qualified active low-income
community businesses located in this state. All reinvestments must be made in this
state.
(8) “Qualified low-income
community investment” means any capital or equity investment in, or loan to,
any qualified active low-income community business made after July 1, 2012.
Stat. Auth.: ORS 315.526 – 315.536
Stats. Implemented: ORS 315.526
– 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14
123-630-0020
Credit Allowance
(1) A person or entity that makes a
qualified equity investment shall, at the time of investment, earn a vested credit
against the taxes otherwise due under ORS chapter 316, 317 or 318.
(2) The total amount of the
tax credit available to a taxpayer under this section shall equal 39 percent of
the purchase price of the qualified equity investment. The applicable percentage
is zero percent for years 1 and 2, seven percent for year 3 and eight percent for
years 4, 5, 6 and 7. A tax credit allowed under this section may not be sold or
transferred, with the exception that tax credits that a partnership, limited liability
company, S corporation or other pass-through entity is entitled to claim may be
allocated to the partners, members or shareholders of the entity for their direct
use in accordance with the provisions of any agreement among the partners, members
or shareholders.
(3) The holder of a qualified
equity investment or any partner, member or shareholder of such holder pursuant
to subparagraph 2 above on a particular credit allowance date of the qualified equity
investment may claim a portion of the tax credit against its tax liability for the
tax year that includes the credit allowance date equal to the applicable percentage
for that credit allowance date multiplied by the purchase price of the qualified
equity investment.
(4) The credit allowed under
this section may not exceed the tax liability of the taxpayer claiming the credit
for the tax year in which the credit is claimed.
(5) For qualified low-income
community investments made, any tax credit otherwise allowable under this section
that is not used by the taxpayer in a particular tax year may be carried forward
and offset against the taxpayer’s tax liability in any succeeding tax year.
Any credit remaining in the next succeeding tax year may be carried forward and
used in the second succeeding tax year. Any credit remaining unused in the second
succeeding tax year may be carried forward and used in the third succeeding tax
year. Any credit remaining unused in the third succeeding tax year may be carried
forward and used in the fourth succeeding tax year. Any credit remaining unused
in the fourth succeeding tax year may be carried forward and used in the fifth succeeding
tax year, but may not be used in any tax year thereafter. For qualified low-income
community investments made prior to January 1, 2014, any tax credit otherwise allowed
under this section that is not used by the taxpayer in a particular tax year may
be carried forward and offset against the taxpayer’s tax liability in any
succeeding tax year.
Stat. Auth.: ORS 315.526 – 315.536
Stats. Implemented: ORS 315.526
– 315.536, ORS 316, 317 or 318
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14
123-630-0030
Eligibility
(1) The following conditions and/or
criteria must exist for a taxpayer to be eligible for the credit:
(a) A qualified community
development entity that issues a debt instrument may not make cash interest payments
on the debt instrument during the period commencing with its issuance and ending
on its final credit allowance date in excess of the sum of the cash interest payments
and the cumulative operating income, as defined in the regulations promulgated under
section 45D of the Internal Revenue Code, of the qualified community development
entity for the same period. This limitation shall only apply to long-term debt securities
issued by a qualified community development entity that are designated as qualified
equity investments and shall not apply to other debt of the qualified community
development entity. Neither this paragraph nor the definition of “long-term
debt security” provided in ORS 315.529 in any way limits the holder’s
ability to accelerate payments on the debt instrument in situations where the qualified
community development entity has defaulted on covenants designed to ensure compliance
with this section or section 45D of the Internal Revenue Code.
(b) A business is considered
a qualified active low-income community business for the duration of a qualified
community development entity’s investment in or loan to the business if it
is reasonable to expect that at the time of the qualified community development
entity’s investment in or loan to a qualified active low-income community
business, the business will continue throughout the duration of the investment in
or loan to the business.
(c) A qualified equity investment
must be designated a qualified equity investment by the qualified community development
entity and be certified by the department.
(d) Prior to January 1, 2014,
the maximum amount of qualified low-income community investments made in a qualified
active low-income community business, together with all of its affiliates, that
may count towards the requirement that a qualified community development entity
invest substantially all of the qualified equity investment required by OAR 123-630-0010(7)(b)
in qualified active low-income community businesses in this state is $4 million,
whether made by one or several qualified community development entities.
(e) On or after January 1,
2014, the maximum amount of qualified low-income community investments made in a
qualified active low-income community business, together with all of its affiliates,
that may count towards the requirement that a qualified community development entity
invest at least the percentage of the qualified equity investment required by OAR
123-630-0010(7)(b) in qualified active low-income community businesses in this state
is $8 million, whether made by one or several qualified community development entities.
Qualified active low-income community businesses that received qualified low-income
investments of up to $4 million prior to January 1, 2014, may receive additional
qualified low-income investments, up to a total of $8 million, on or after January
1, 2014, only if the community development entity first submits a project summary
demonstrating that the additional investment complies with the requirements of the
applicable statutes and rules.
(f) A qualified equity investment
must be made before July 1, 2016. Nothing in this paragraph precludes an entity
that makes a qualified equity investment prior to July 1, 2016, from claiming a
tax credit relating to that qualified equity investment for each applicable credit
allowance date.
(g) No more than 40% of the
total project costs that are paid for by the qualified low-income community investment
may be for working capital, financing and other fees and other soft costs.
(2) A taxpayer claiming a
credit may not claim any other credit under ORS 315 or 285C during the same tax
year based on activities related to the same qualified active low-income community
business.
Stat. Auth.: ORS 285C.650 - 285C.656
& 315.526 - 315.536
Stats. Implemented: ORS 285C.650-285C.656
& 315.526 -315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14; OBDD 2-2015(Temp), f. & cert. ef. 2-12-15
thru 8-10-15; Administrative correction, 8-18-15; OBDD 8-2015, f. & cert. ef.
9-1-15
123-630-0040
Ineligible Activities
Not all projects or businesses will
qualify for the Oregon Low Income Community Jobs Initiative. Example businesses
that are ineligible include but are not limited to:
(1) Residential rental;
(2) Owner occupied housing;
(3) Farming operations;
(4) Private or commercial
golf courses;
(5) Country clubs;
(6) Massage parlors;
(7) Hot tub facilities;
(8) Suntan facilities;
(9) Racetracks or other facilities
used for gambling; and
(10) Any store of which the
principal business is the sale of alcoholic beverages for consumption off premises.
Stat. Auth.: ORS 285C.650-285C.656,
315.526 – 315.536
Stats. Implemented: ORS 285C.650-285C.656,
315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14
123-630-0050
Application and Fees
(1) An applicant seeking to have an
equity investment or long-term debt security certified as a qualified equity investment
and eligible for a tax credit under ORS 285C.650 and OAR 123-630-0080 must submit
an application to the department on a form that the department provides. A complete
application must include all of the following:
(a) The entity’s name,
address, tax identification number and evidence of certification as a qualified
community development entity.
(b) A copy of an allocation
agreement executed by the entity, or its controlling entity, and the Community Development
Financial Institutions Fund that includes the State of Oregon in its service area.
(c) A certificate executed
by an executive officer of the entity attesting that the allocation agreement remains
in effect and has not been revoked or canceled by the Community Development Financial
Institutions Fund.
(d) A description of the
proposed purchase price, structure and purchaser of the equity investment or long-term
debt security.
(e) The name and tax identification
number of any person eligible to claim a tax credit, under ORS 285C.650–285C.656,
and ORS 315.526–315.536, allowed as a result of the certification of the qualified
equity investment.
(f) Information regarding
the proposed use of proceeds from the issuance of the qualified equity investment
on a form provided by the department. If the information described in the previous
sentence is not submitted with the application, the applicant shall, at least 20
days prior to the date of the applicant proposes to make a qualified low-income
community investment, submit to the department for review and approval of the qualified
low-income community investment, an updated qualified low-income community investment
certification on a form provided by the department. The information will include
but is not limited to the following for each proposed qualified low-income community
investment:
(A) Location;
(B) Sources and uses of funds;
(C) Impacts to communities;
(D) Revenues;
(E) Number of jobs created
and/or retained; and
(F) Economic impacts
(G) Name and contact information
for: the investor making the qualified equity investment(s), the investor making
the qualified low-income community investment(s), and all qualified active low-income
community business receiving the qualified low-income community investment(s).
(g) A nonrefundable application
fee of $20,000. This fee shall be paid to the department and shall be required for
each application submitted.
(2) In addition to what is
required by the application or in this division of administrative rules, the applicant
will submit any information requested by the department for purposes of evaluating
the application.
(3) A qualified community
development entity submitting an application for certification of an additional
equity investment or long-term debt security as a qualified equity investment and
eligible for a tax credit under ORS 315.533, must demonstrate to the satisfaction
of the department that all previous equity investments and long-term debt securities
certified as qualified equity investments have been fully committed and used in
compliance with the requirements of the Oregon Low Income Community Jobs Initiative.
(4) A qualified community
development entity that is certified under ORS 285C.650 and OAR 123-630-0080 shall
pay an annual evaluation fee of $1,000 to the department with the submission of
each report described in OAR 123-630-0070.
(5) Applications will be
processed on a first come, first serve basis.
(6) Supplemental documentation
or attachments submitted to the department by the applicant along with the application
form and required materials are not considered part of the application and will
be considered to be separate and distinct information submitted to the department.
The department will provide approval or consent only with regard to those submissions
for which approval or consent is required from the department by statute or rule.
If the department does not provide explicit approval in writing for any supplemental
information or documentation submitted by the applicant, then the information or
documentation is not approved.
Stat. Auth.: ORS 285C.650 & 315.526
- 315.536
Stats. Implemented: ORS 285C.650
& 315.526 - 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14; OBDD 2-2015(Temp), f. & cert. ef. 2-12-15
thru 8-10-15; Administrative correction, 8-18-15; OBDD 8-2015, f. & cert. ef.
9-1-15
123-630-0060
Preference
The department may give preference to
applications for projects in traded sectors as identified by the Commission in the
Strategic Plan and that demonstrates overall community benefit and have one or more
of the following characteristics:
(1) Produce goods that directly
reduce emissions of greenhouse gases or are designed as environmentally sensitive
replacements for products in current use;
(2) Have a primary purpose
of improving the environment or reducing emissions of greenhouse gases;
(3) Are operated by businesses
with 100 or fewer employees;
(4) Are located in rural
or distressed areas of the state;
(5) Employ displaced workers
in the area;
(6) Assist in the economic
diversification of the area;
(7) Contain a significant
amount of owner equity capital. At least ten percent of the project costs for established
companies and 30 percent of project costs for start-ups should come from equity
or subordinated loans from the owners;
(8) Encourage the flow of
capital from outside the local area; or
(9) Do not cause adverse
competitive disadvantages to existing businesses.
Stat. Auth.: ORS 285C.650 , 315.526
– 315.536
Stats. Implemented: ORS 285C.650
& 315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 6-2014, f. & cert. ef. 4-1-14
123-630-0070
Reporting Requirements
(1) The qualified community development
entity will submit a report by the first anniversary of the initial credit allowance
date that provides proof that substantially all of the cash purchase price of its
qualified equity investment was used to make qualified low-income community investments
in qualified active low-income community businesses located in this state.
(2) Thereafter, the qualified
community development entity will submit an annual report within 45 days of the
beginning of the state’s fiscal year during the compliance period on a form
provided by the department. No annual report shall be due prior to the first anniversary
of the initial credit allowance date. The form shall be remitted to the department
both in electronic and hard copy formats. The information provided in an annual
report will be submitted by the department to the Oregon Department of Administrative
Services no later than September 30 following submission of the report and will
be posted on the Oregon transparency website no later than December 31 of the same
year. The report will include but is not limited to the following:
(a) Number of employment
positions created and retained as a result of qualified low-income community investments;
(b) Annual salary of each
position described in subparagraph (a) of this paragraph; and
(c) Number of positions described
in subparagraph (a) of this paragraph that provide health benefits as described
in ORS 743.730.
(d) Proof that substantially
all of the cash purchase price of the qualified equity investment continues to be
used to make qualified low-income community investments in qualified active low-income
community businesses located in this state.
(e) The costs and expenses
of making the qualified low-income community investment, including but not limited
to fees paid for professional services, including legal and accounting services,
related to the formation of operating entities; and
(f) Information with respect
to the qualified equity investments made for the purpose of making qualified low-income
community investments in Oregon that would be reported as part of the institution
level report and transaction level reports submitted by qualified community development
entities pursuant to section 45D of the Internal Revenue Code.
(3) The qualified community
development entity will submit a report, in a format acceptable to the department,
within 5 business days of each qualified low-income community investment made in
a qualified low-income community business located in this state. The report will
include, but is not limited to, the amount of the investment and the date on which
the investment was made to the qualified active low-income community business and
will be accompanied by documentation satisfactory to the department regarding the
investment.
(4) The qualified community
development entity will submit a quarterly report that provides proof that each
qualified low-income community investment continues to be invested in qualified
active low-income community businesses located in this state. The report will include,
but is not limited to, the amount of the original investment, the date on which
the original investment was made to the qualified active low-income community business,
the current balance of the investment in the qualified active low-income community
business, and any reinvestment of capital returned to or recovered from the original
investment, exclusive of any profits realized (together with the same type of information
regarding said investment as was reported regarding the original investment).
Stat. Auth.: ORS 285C.650 , 315.526
– 315.536
Stats. Implemented: ORS 285C.650
& 315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14
123-630-0080
Certification
(1) Within 15 days after having received
a complete application, the department will grant or deny the application in full
or in part and notify the applicant of the decision.
(2) If the application is
deemed complete, the department will certify the proposed equity investment or long-term
debt security as a qualified equity investment and eligible for a tax credit under
ORS 285C.650 and this rule, and subject to the limitations stated in applicable
statues and these rules. The department shall provide written notice of the certification
to the qualified community development entity. The notice shall include the names
of those taxpayers who are eligible to utilize the credits and their respective
credit amounts. If the names of the persons or entities that are eligible to utilize
the credits change due to a transfer of a qualified equity investment or a change
in an allocation pursuant to OAR 123-630-0020(2), the qualified community development
entity shall notify the department of the change.
(3)(a) Except as otherwise
provided in paragraph (b) below, within 60 days after receiving notice of certification,
the qualified community development entity shall issue the qualified equity investment
and receive cash in the amount of the certified purchase price. The qualified community
development entity must provide the department with evidence of the receipt of the
cash investment within 10 business days after receipt. If the qualified community
development entity does not receive the cash investment and issue the qualified
equity investment on or before the 60th day following receipt of the certification
notice, the certification shall lapse and the entity may not issue the qualified
equity investment without reapplying to the department for certification. A certification
that lapses reverts to the department and may be reissued only in accordance with
the application process outlined in this section.
(b) For a qualified equity
investment described in ORS 285C.653(2), a qualified community development entity
shall issue the qualified equity investment during the period beginning July 1,
2012, and ending 60 days after receiving notice of certification, If the qualified
equity investment is issued prior to the submission of an application for certification
under the applicable statutes and rules, the qualified community development entity
must provide the department with evidence of the qualified equity investment and
of receipt of the cash investment at the time of application for certification.
(4) The department shall
certify qualified equity investments in the order applications are received by the
department. Applications received on the same day shall be deemed to have been received
simultaneously. For applications received on the same day and deemed complete, the
department shall certify, consistent with remaining tax credit capacity, qualified
equity investments in proportionate percentages based upon the ratio of the amount
of qualified equity investment requested in an application to the total amount of
qualified equity investments requested in all applications received on the same
day. Applications for certification under ORS 285C.653(2) and OAR 123-630-0090(2)
submitted without complete project summaries commensurate with the amount of certification
applied for, may be reduced at the sole discretion of the department. Applications
must demonstrate the ability to identify projects described in ORS 285C.653(2) and
OAR 123-630-0090(2), and failure to identify projects described in ORS 285C.653(2)
and OAR 123-630-0090(2) may additionally result in a reduction of the certification.
If a pending request cannot be fully certified because of the limitations in the
applicable statutes and 123-630-0090, the department shall certify the portion that
may be certified unless the qualified community development entity elects to withdraw
its request rather than receive partial credit.
(5) If the department denies
any part of the application, the notification to the applicant will include the
grounds for denial. The applicant will have 15 days of receipt of the notification
to provide additional information to mediate the denial. Within 15 days after the
department receives any such additional information, the department will reconsider
the application. If the department grants the application upon reconsideration,
the approval will be effective as of the original date of submission. If the applicant
fails to provide additional information within 15 days of receipt of the denial,
the application remains denied.
Stat. Auth.: ORS 285C.650 , 315.526
– 315.536
Stats. Implemented: ORS 285C.650
& 315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12: OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14
123-630-0090
Limitations for Certification
(1) Once the department has certified
a cumulative amount of qualified equity investments that can result in the utilization
of $16 million of tax credits in any tax year, the department may not certify any
more qualified equity investments under ORS 285C.650 and OAR 123-630-0080. This
limitation shall be based on the scheduled utilization of tax credits without regard
to the potential for taxpayers to carry forward tax credits to later tax years.
(2) The department will reserve
$30 million of qualified equity investment authority for qualified low-income community
investments in qualified active low-income community businesses that:
(a) Have a primary purpose
of improving the environment or reducing emissions of greenhouse gases; or
(b) Produce goods that directly
reduce emissions of greenhouse gases or are designed as environmentally sensitive
replacements for products in current use.
(3) The department will reserve
$170 million of qualified equity investment authority for all other qualified active
low-income community investments (which may include the types of investments described
in ORS 285C.653(s) and OAR 123-630-0090(2)).
(4) All applications will
indicate the amount of qualified equity investment authority sought by the applicant
under OAR 123-630-0090(2) and 123-630-0090(3). The maximum amount of qualified equity
investment authority for which an applicant may apply under 123-630-0090(2) is $30
million and under 123-630-0090(3) is $170 million.
(5) The department shall
pre-screen a qualified community development entity’s proposed investment
in a qualified active low-income community business for purposes of determining
if the business satisfies the requirements of ORS 285C.653(2) and OAR123-630-0090(2).
The department shall, not later than 15 business days after the date of receipt
of all relevant documentation, determine whether the qualified active low-income
community business satisfies the requirements of ORS 285C.653(2) and OAR 123-630-0090(2)
and notify the qualified community development entity in writing of the determination
and an explanation of its determination. If the department fails to notify the qualified
community development entity with respect to the proposed investment within the
period specified in this paragraph, the business in which the qualified community
development entity proposes to invest is considered to satisfy the requirements
of ORS 285C.653(2) and OAR 123-630-0090(2).
Stat. Auth.: ORS 285C.650 – 653,
315.526 – 315.536
Stats. Implemented: ORS 315.526
– 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14; OBDD 11-2014, f. 6-30-14, cert. ef. 7-1-14
123-630-0100
Recapture of Tax Credit
(1) The Department of Revenue may recapture
any portion of a tax credit per ORS 285C.656 and ORS 315.533.
(2) The Department of Revenue
may recapture any portion of a tax credit if the qualified community development
entity applies for and receives qualified equity investment authority under ORS
285C.653(2) and OAR 123-630-0090(2) and fails to invest at least 85 percent of the
cash purchase price of the QEI in qualified active low-income community businesses
that satisfy the requirements of ORS 285C.653(2) and OAR 123-630-0090(2) within
12 months of the issuance of the qualified equity investment and maintain such level
of investment in qualified active low-income community businesses satisfying such
requirements until the last credit allowance date for such qualified equity investment.
Stat. Auth.: ORS 285C.656 & 315.526
– 315.536
Stats. Implemented: ORS 285C.656
& 315.526 – 315.536
Hist.: OBDD 9-2012, f. &
cert. ef. 6-1-12; OBDD 9-2013(Temp), f. & cert. ef. 10-15-13 thru 4-11-14; OBDD
6-2014, f. & cert. ef. 4-1-14; OBDD 11-2014, f. 6-30-14, cert. ef. 7-1-14
123-630-0110
Confidential Records
(1) Upon written request and within
a reasonable time, the Director or his designee 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 may include
but not be limited to costs incurred in locating records, separating exempt and
nonexempt records, having a custodian present during the inspection, preparing lists
of data, making photocopies and telefaxing materials. Fees to be collected shall
be set forth in the Department's schedule of fees and may be amended from time to
time as the Department may determine.
(3) Except as otherwise provided
in ORS 192.410-192.595, records exempt from disclosure include but are not limited
to:
(a) Reports and analyses
of reports which bear on the Applicant's character, finances, management ability
and reliability, and which were obtained in confidence from persons or firms not
required by law to submit them and the Department has obliged itself in good faith
not to disclose the information;
(b) Financial statements,
tax returns, business records, employment history and other personal data submitted
by or for Applicants, or analysis of such data;
(c) Intra-departmental advisory
memoranda preliminary to a decision;
(d) Formulas, plans, designs
and related information that constitute trade secrets under ORS 192;
(e) Personal financial statement;
(f) Financial statements
of Applicants;
(g) Customer lists;
(h) Information of an Applicant
pertaining to litigation to which the Applicant is a party if the complaint has
been filed, or if the complaint has not been filed, if the Applicant shows that
such litigation is reasonably likely to occur. This exemption does not apply to
conclude litigation and nothing in this section shall limit any right or opportunity
granted by law to a party involved in litigation;
(i) Production, sales or
cost data; and
(j) Marketing strategy information
that relates to an Applicant's plan to address specific markets and Applicant's
strategy regarding specific competitors.
Stat. Auth.: ORS 285A.075, 192, 285C.656
& 315.526 – 315.536
Stats. Implemented: ORS 192,
285C.656 & 315.526 – 315.536
Hist.: OBDD 6-2014, f. &
cert. ef. 4-1-14



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