OAR 123-670-0100: Temporary rule language in effect until 12/01/2026. Revocation of Certification

(1) Authority. The Director of the Oregon Business Development Department may order the revocation of a tax credit certification as provided in ORS 315.061. (2) Grounds for Revocation. OBDD may revoke a certification if the OBDD Director determines that the certification was obtained by fraud or misrepresentation; t he approval was obtained by mistake or miscalculation; or the taxpayer otherwise violates or has violated a condition or requirement for eligibility for the tax credit. (3) Notice of Revocation. OBDD shall provide the taxpayer with written notice of the revocation. The notice shall: (a) Identify the grounds for the revocation; (b) Identify the certification or certifications subject to the revocation, including the applicable tax year and certified credit amount. (4) The taxpayer may request a contested case hearing on the notice of revocation pursuant to ORS chapter 183 and OAR 123-001-0700 and 123-001-0725. (5) Effect of Revocation. (a) Upon the order of revocation becoming final, the holder of the revoked certification shall be denied any further relief in connection with the credit from and after the effective date of the revocation, consistent with ORS 315.061. (b) A taxpayer whose certification is revoked is permanently disqualified from applying for or receiving certification under these rules for any future tax year. Revocation of a certification issued to a corporation in a consolidated group does not affect the certifications issued to other corporations in the same consolidated group, provided those corporations independently met all eligibility requirements and their certifications are not themselves subject to revocation proceedings. Revocation of a certification issued to a partnership or S corporation affects all partners or shareholders who received or claimed the passed-through credit based on that certification. OBDD shall notify DOR of the revocation and the identity of all affected partners or shareholders. (c) OBDD shall notify DOR promptly following the issuance of a final order revoking the tax credit certification. DOR retains full authority to collect any taxes not paid as a result of the revoked credit, as provided in ORS 315.061.