Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
purposes of OAR 123-070-1200(3)(e) and 123-070-1700(1)(e), the Contact Agency
may collect and compile data by Benefited Business and by referring agency
(Provider), and may specify in the First Source Agreement a schedule and method
by which a Benefited Business submits or confirms data, for the following
items:
(a) The Benefited Business's name,
address and State Business Identification Number (BIN/unemployment insurance
account number);
(b) The number and
names of all persons referred to each Benefited Business through a First Source
Agreement with the Contact Agency;
(c) The number of such referrals and the
names of referred persons who were hired by the Benefited Business;
(d) The total number of individuals hired by
each Benefited Business; or
(e) A
consolidated list of applicable job openings, whether filled or unfilled, even
if vacated or refilled.
(2) Any data collection under this rule shall
be performed no more frequently than as follows, and then only for data
specific to the intervening period in question and not previously collected:
(a) For Benefited Businesses as described in
OAR 123-070-1150(1)
(lottery-funded programs), the data may be collected for the following
quarters: January 1 through March 31, April 1 through June 30, July 1 through
September 30 and October 1 through December 31.
(b) For Benefited Businesses as described in
OAR 123-070-1150(2)
(tax incentive programs), the data may be collected on an annual basis, subject
to modification under section (3) of this rule, for each calendar year until
the end of the property tax exemption period.
(3) If a Benefited Business is receiving
benefits under a program pursuant to both subsections (2)(a) and (b) of this
rule, the data for the Benefited Business may be collected in the manner
specified in subsection (2)(a) of this rule during the period in which the
First Source Agreement is in effect for the lottery-funded benefits, with an
annual compilation for every December 31. After such period, data collection
may take place only as indicated in subsection (2)(b) of this rule.
(4) For Benefited Businesses as described in
OAR 123-070-1150(2),
the county under ORS 285C.609 or the enterprise zone
sponsor may seek the Contact Agency's assistance as described in subsection (5)
of this rule for the following:
(a) A
Strategic Investment Program agreement under ORS
285C.609;
(b) An urban enterprise zone in which the
sponsor has adopted a policy under ORS
285C.150 (irrespective of a
regularly formatted First Source Agreement as provided in OAR
123-070-1800);
(c) Resolution adopted under ORS
285C.155 to waive employment
increase requirement; or
(d) A
written agreement for an extended period of enterprise zone abatement up to
five years under ORS 285C.160.
(5) For the purposes of section (4) of this
rule and this section, the zone sponsor or the county:
(a) Shall take appropriate and necessary
actions to compensate the Contact Agency or Providers for any expenses that
arise, and to safeguard the confidentiality of data submitted or compiled with
respect to legal constraints affecting the Contact Agency or any
Provider;
(b) May make the
Benefited Business's submission of data specified in paragraph (c)(A) of this
section a condition for the tax incentive benefit, if so provided in the policy
or agreements under section (4) of this rule; and
(c) May in cooperation with the Contact
Agency request the following:
(A) That the
First Source Agreement specify particular types and formats of data that the
Benefited Business must provide, either to demonstrate compliance with
requirements under ORS
285C.150,
285C.155,
285C.160,
285C.205 or
285C.609(5) or
to satisfy other information needs of the sponsor or the county related to the
Benefited Business's hiring, employment, training, compensation and so forth,
insofar as it is practical, and as such data or information reasonably relates
to the First Source Agreement; and
(B) To have such data transmitted through the
Contact Agency. (No such data is to come from any other information source to
which a Provider has access, including but not limited to unemployment
insurance data.)
(6) For Benefited Businesses under the state
lottery-funded programs listed in OAR
123-070-1150(1),
the Contact Agency may provide appropriate compilations of data collected under
this rule to the Department, as requested by the Director.
Stat. Auth.: ORS
285A.075 &
285C.060(1)
Stats. Implemented: ORS
285C.060,
285C.105,
285C.150,
285C.155,
285C.160,
285C.606,
285C.609 &
461.740
