Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of ORS
285C.135(5)(a):
(1) A Firm/applicant and its operations are
eligible, regardless of retail transactions, financial services or other
ineligible activities, if:
(a) They serve the
firm or its clients exclusively through computer, electronic, online, telephony
or other information and communication technologies or methods;
(b) No more than 10 percent of the customers
or business transactions come from inside the local calling area, in which
telephone calls could be made to and from the firm's location in the enterprise
zone without long distance telephone charges or service as traditionally
applied to landlines; and
(c) Not
engaged in telemarketing, but rather the firm is taking unsolicited orders or
responding to prior instruction, including but not limited to:
(A) Following-up on pledges or expressions of
interest to the firm or its client;
(B) Checking with users of client-supplied
goods or services, for example, to continue or renew recently expired
membership, contract, etc.; or
(C)
Collection of voluntarily incurred dues, fees or other charges payable to the
client.
(2)
The percentage in subsection (1)(b) of this rule is:
(a) First substantiated by the Firm/applicant
or local zone manager with the Application or Preauthorization
Conference;
(b) Not predicated on
the actual transaction or customer communication through a landline telephone
call, but only on relative location as if it were;
(c) Calculated by dividing the number of
customers or transactions in the local calling area by the firm's total,
arising from the operations in the zone; and
(d) Not dependent on precise calculation or
verification, if the generally regional or national extent or scope of the
firm's activities allow for a reasonable assumption of compliance.
(3) Communications in accordance
with this rule will generally be anonymous in nature and involve only a brief
period, if any, of repeat interaction on a given matter or order. They do not
include the delivery of advice, services or products between known individuals,
such as ongoing provision of professional services to clients by any particular
employee or agent of the business firm.
Statutory/Other Authority: ORS
285A.075 &
285C.060(1)
Statutes/Other Implemented: ORS
285C.135
