Current through Register Vol. 63, No. 9, September 1, 2024
As provided under ORS
192.345,
192.355 and
285C.620:
(1) The Department shall not release any
information identifying or pertaining to an expected Applicant, or to
discussions among it, local governments, or the Department and members of the
Commission, before:
(a) Finalization of local
approval for the proposed investment based on its being inside an SIZ;
or
(b) The County governing body
issues a public notice for the public hearing under ORS
285C.609(4), if
not using an SIZ.
(2)
The Department shall not release any Application materials submitted by an
expected Applicant that specifically describe investment plans, before the
Department's deems the received Application to be complete.
(3) The department shall seek to keep
confidential certain sensitive records or communications obtained in
association with an Application or OAR
123-623-4000 to
123-623-4200, as otherwise
allowable under ORS 192.311 to
192.478, including but not
limited to the following:
(a) Reports and
analyses of reports bearing on the Applicant's character, finances, management
ability and reliability, as obtained in confidence from persons or firms not
required by law to submit them, including but not limited to the Applicant, and
for which the Department obliged itself in good faith to not
disclose;
(b) Financial statements,
tax returns, business records, employment history, personnel files and
comparable data submitted by or for an Applicant, or analysis of such
data;
(c) Intra-departmental
advisory memoranda based on or providing preliminary information;
(d) Formulas, plans, designs and related
information that constitute trade secrets under ORS Chapter 192;
(e) Personal financial statements;
(f) Information of an Applicant pertaining to
litigation that has not concluded, to which the Applicant is a party if the
complaint has been filed, or if not, that the Applicant shows is reasonably
likely to occur (Nothing in this section shall limit any right or opportunity
granted by discovery or deposition statutes to a litigant or
defendant);
(g) Production, sales
or cost data, customer lists, or detailed descriptions or identifications of
business property; or
(h) Marketing
strategy information that relates to an Applicant's plan to address specific
markets and the Applicant's strategy regarding specific competitors.
(4) Subject to sections (1), (2)
and (3) of this rule, the Department shall provide records pertaining to the
Strategic Investment Program upon written request, as described in OAR
123-005.
Statutory/Other Authority: ORS
285A.075 &
285C.615(7)
Statutes/Other Implemented: ORS
285C.615 &
285C.620
