OAR 150-285-3420: Criteria for Disqualification

(1) The county assessor will disqualify the facility of a certified business firm from exemption if the certified business firm does not begin operations and is not reasonably expected to begin operations. A decision of the assessor to disqualify the property from exemption must be based on one or more of the criteria listed in subsection (2). For purposes of this rule, the date that a facility “begins operations” is the date that the facility is placed in service, which, in turn, means the date a certified business has received a permit to occupy or use the facility for its intended purpose. (2) In determining whether a facility should be disqualified because it has not begun operations and is not reasonably expected to begin operations, the county assessor must consider the following: (a) Operations by the certified business firm have not started at the facility within 5 years from the date of starting construction or reconstruction of the facility unless otherwise specified in an agreement between the zone sponsor and the certified business firm; (b) Two years have elapsed from the last date construction or reconstruction activity on the facility ceased; (c) The certified business firm has notified the zone sponsor of the firm’s intent to cease construction or installation of facility property or improvements; (d) The expected date the facility would first be placed in service, as specified on the Certification Application or a revised date specified in a written notice to the assessor and zone manager has elapsed; (e) The certified business firm has declared bankruptcy or has ceased to exist; (f) The certified business firm has notified the assessor and zone manager that the facility is inoperable.