OAR 123-674-4000: EMPLOYMENT OF FIRMS — Computation of Averages

(1) Annual Employment or Existing Employment is calculated, such that: (a) The actual employment of the firm at the end of each period (for example, pay periods or calendar months) that concludes during any exemption year or the entire 12 months before the Application shall be summed and then divided by the total number of periods. (b) Periods may not be longer than calendar quarters that begin on January 1, April 1, July 1 and October 1. (c) Results are rounded mathematically to a whole number. (2) For purposes of determining Existing Employment relative to the submission of the Application: (a) The time when applicable physical work began shall be used instead of the submission date, as necessary for situations when timely submission has been waived under ORS 285C.140(12)(b). (b) If such physical work has not yet begun, an authorized business firm may submit a replacement Application to establish a lower level of Existing Employment; otherwise, the number from the original submission date stands. (c) The Firm/applicant may correct for a miscalculation by amending the Application under ORS 285C.140(3) consistent with OAR 123-674-3200, including but not limited to erroneously inclusion of part-time, temporary, seasonal or ineligible employees. (d) After the first (January-1) assessment date for exemption under ORS 285C.175, Existing Employment may be altered only to correct for a fundamental mistake, subject to a formal finding of good cause by the Department. (3) Employment of the firm at any location amended into the enterprise zone by a boundary change shall be treated as part of the zone for determining Existing Employment over the entire 12 months before the Application, if the boundary change: (a) Took effect during that 12-month period; or (b) Adds the location of qualified property indicated in the Application to the zone.