OAR 330-225-0100: Final Certification

(1) Transit services projects must be completed prior to applying for a final certification. An applicant must submit amendments to preliminary certifications prior to or at the time of submission of the final certification application. (2) The department will not review applications for final certification received after the expiration of the preliminary certification or without the final review fee. (3) The applicant must submit the application on the current department-issued form and all sections must be completed. (4) The department will review the application, and may conduct an inspection, to verify: (a) That the transit services project was completed. (b) Compliance with statute, rules, the relevant Opportunity Announcement and the preliminary certification. (c) Compliance with state and local regulations, including required licenses and permits. (d) That the transit services project was maintained and operated for the period specified in the preliminary certification. (e) The costs for performance of the project were paid in full. (A) The applicant must verify the actual costs of the project by providing an attestation of costs provided by a certified public accountant or a copy of a completed audit, in compliance with federal Office of Management and Budget Circular A-133 as in effect on June, 2010 or if the cost is less than $50,000 the applicant must submit copies of receipts for the project. (i) The certified public accountant cannot be the project owner, nor permanently employed by the project owner or pass-through partner. (ii) Receipts for proof of payment may include canceled checks, credit card statements, binding contracts or agreements. (iii) The department may waive the requirement for a certified public accountant attestation of costs if the entity has been the subject of an audit conducted within the two years prior to the date at which the final application is received and the audited accounts include the costs of the transit services project. (B) The application must demonstrate that contract or loan agreements directly related to the project are not in default. (C) The application must include information regarding all incentives and grants, regardless of source, applied for or received in connection with the project. (f) Other information the director considers necessary. (5) If an application for final certification does not include all information needed to complete the final certification review, the department may ask the applicant, in writing, to submit additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application for final certification. (6) The department will notify the applicant, in writing, if the department denies the application during final review. An applicant may submit a written request for reconsideration within 60 days after the department issues a decision on a final certification. (7) The department will issue a final certification upon verification that performance of the transit services are complete and that the project complies with statute, rules, the relevant Opportunity Announcement, the preliminary certification and any other applicable requirements. (a) The department may certify a lesser tax credit amount than approved in the preliminary certificate, but may not certify a greater amount. (b) The sum of any state or federal funding and the tax credit may not exceed final project costs. (c) If the final certification review determines that the final costs are less than the information submitted by the applicant during the allocation of tax credits, the department may reduce the amount of tax credit certified. (8) The department will send a written notification to the applicant of its decision whether to issue a final certification within 60 days after the department receives a complete application for final certification. If more than 60 days pass from the date the applicant submits a complete application and the applicant has not received a written decision from the department, then the application is rejected and no further action will be taken. Any time required to provide additional information as provided in OAR 330-225-0100(5) is not included in this 60 day period.