OAR 123-674-7200: GENERAL LAWFULNESS — Terminology

For purposes of OAR 123-674-7200 to 123-674-7250, with respect to an eligible business firm compliance with other laws under ORS 285C.200(1)(f): (1) Determination means either of the following: (a) A rightfully available written admission by the firm of a Noncompliance; or (b) The issuance of an order, ruling or similar action by a duly empowered court, regulatory authority or similar entity that is: (A) An official finding of Noncompliance that has the force of law under the jurisdiction of the court, regulatory authority or similar entity; and (B) The final action by the particular regulatory or judicial process, even if prior to potential appeals. (2) Event of Noncompliance means a Determination corresponding to an Illegal Act, for which the underlying Noncompliance is both: (a) Material, as described in OAR 123-674-7230; and (b) Not cured in accordance with OAR 123-674-7240. (3) Illegal Act means an action, omission, chain of occurrences or similar failings by the firm or by an officer or agent in the conduct of the firm’s operations and activities, effectively occurring after the Application but before January 1 of the last year of exemption, that cause the Noncompliance corresponding to the relevant Determination. (An Illegal Act may also result from Noncompliance with a Determination related to an earlier act) (4) Noncompliance means a violation of a law, as enacted by one of the following, or the violation of any of the rules or regulations duly promulgated under such law: (a) The United States Congress; (b) The Oregon Legislative Assembly; or (c) The governing body of a city or county that sponsors the enterprise zone. (5) Substantial Falsification means that information in an enterprise zone form, filing or associated documentation by the firm, subject to declaration under penalties of false swearing, does one or both of the following: (a) Misreports or omits required information, such that the enterprise zone exemption would have been denied or disqualified had the information been correctly or completely reported, which by itself shall be considered an Illegal Act in addition to any penalties resulting from false swearing under ORS 305.990; or (b) Contradicts OAR 123-674-7210(1), in that at the time of the relevant declaration, the firm failed to disclose an Illegal Act, of which it should reasonably have been aware, including but not limited to one that is pending a Determination at the time of authorization.