Current through Register Vol. 63, No. 9, September 1, 2024
(1) An E-commerce zone may be any enterprise
zone, whether urban or rural, except as described in section (3) of this rule,
that is already designated in accordance with OAR 123-650 or 123-656 and has
not terminated.
(2) Electronic
commerce status fully overlays the entire area of the enterprise zone
designated as an E-commerce zone inclusive of areas added by a subsequent
change to the zone's boundary.
(3)
The sponsor of an enterprise zone may revoke its status as an E-commerce zone
by resolution(s), at any time, pursuant to which the Department shall establish
the effective date of revocation, but that enterprise zone designation is not
eligible to be an E-commerce zone.
(4) To designate an E-commerce zone:
(a) The process begins with a zone sponsor's
sending a formal (email advisory) to the Department of its intent to so
designate, which must occur on or after an effective date in OAR
123-662-1200;
(b) The Department shall respond promptly to
such an advisory, conferring with the sponsor's representative about the
availability of any designation and other pertinent information as the
Department will memorialize through an email reply;
(c) Not less than 31 days after advising the
Department, the sponsor may submit its E-commerce designation, consisting of an
executed (potentially electronic) copy of a resolution that designates the zone
an E-commerce zone, as adopted by each governing body of the zone sponsor
consistent with its charter, by-laws or ordinances after conferring with the
Department; and
(d) Subject to the
resolution(s) in subsection (c) of this section and other procedural matters
being in order, as well as E-commerce zone availability under the law, the
Department shall issue a positive determination confirming the designation and
establishing its effective date.
(5)
(a)
Pursuant to advisories and so forth in section (4) of this rule, if the
Department receives more submissions than the number of available electronic
commerce designations, on effectively the same day, then the positive
determination(s) shall go to the zone with the earlier date of resolution
adoption by any cosponsor.
(b) If
subsection (a) of this section results in a tie, tiebreakers shall be employed
in the following order:
(A) The enterprise
zone that less recently had electronic commerce status;
(B) The formal advisory received on the
earlier date;
(C) The zone with the
greater number of cosponsors; or
(D) Special determination of the
Director.
(c) If the
Department receives fewer submissions than there are available E-commerce zone
designations, despite excess advisories in section (4) of this rule, then
pursuant to advisories from other zone sponsors, the Department shall process
additional submissions consistent with this section, until all available
designations are positively determined to have been made.
(6) The Department shall promptly give
written notification and explanation to any zone sponsor subject to a negative
determination of its electronic commerce designation and shall counsel the
sponsor about the viability and timing of resubmission.
(7) As otherwise permissible, the Department
may allow a zone sponsor of an E-commerce zone to re-designate itself as an
E-commerce zone at the time it re-designates the enterprise zone under ORS
285C.250, if the zone was
designated for electronic commerce within one year of the enterprise zone's
termination in OAR 123-650-9100(1)(a).
Publications: Publications referenced are available from the
agency.
Statutory/Other Authority: ORS
285A.075,
285C.060(1)
& 285C.102(3)(c)
Statutes/Other Implemented: ORS
285C.078,
285C.095 &
285C.102
