OAR 471-070-3790: Assistance Grants: Successor in Interest Rights and Responsibilities

(1) For the purposes of ORS 657B.200 and this rule, an employer is a total successor in interest when all or substantially all of the components or parts of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer are transferred to or otherwise acquired by the successor in interest. (2) For the purposes of ORS 657B.200 and this rule, an employer is a partial successor in interest when a distinct and severable portion of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer is transferred to or otherwise acquired by the successor in interest. (3) Rights and responsibilities for assistance grants shall be assessed as follows: (a) When an employer becomes a total successor in interest by acquiring a trade or business that has obtained an assistance grant, the total successor in interest: (A) Is liable for any remaining employer contributions required under OAR 471-070-3750; and (B) Maintains the grant history of the acquired business. Any grants received or applied for before the ownership transfer occurred count toward the successor in interest’s annual limit under ORS 657B.200. (b) When an employer becomes a partial successor in interest by acquiring a trade or business that has obtained an assistance grant, the predecessor: (A) Maintains liability for any remaining employer contributions required under OAR 471-070-3750; and (B) Maintains their respective grant history of the partial acquired business.