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Oregon Bulletin

December 1, 2012

Oregon Business Development Department, Chapter 123

Rule Caption: These rules relate to the OBDF BOOST fund making temporary rules permanent.

Adm. Order No.: OBDD 17-2012

Filed with Sec. of State: 10-31-2012

Certified to be Effective: 11-1-12

Notice Publication Date: 10-1-2012

Rules Amended: 123-017-0080

Rules Repealed: 123-017-0080(T)

Subject: In the 2011 Legislative Session, HB 2919 was passed to allow the Business Opportunity for Oregon Small Business Today Account (BOOST) to grant funds to businesses who employ veterans as new full time employees.

 This filing makes the temporary rules permanent.

Rules Coordinator: Mindee Sublette—(503) 986-0036

123-017-0080

Building Opportunities for Oregon Small Business Today Grant Program

(1) In order to approve a grant from the BOOST Account, the Department must first determine that the Applicant:

(a) Is a traded sector business that meets the requirements set forth in ORS 285A.055;

(b) Is legally organized and authorized to conduct business in Oregon;

(c) Has 100 or fewer employees in Oregon at the time of application as demonstrated by:

(A) The average number of workers reported on the most recent Form OQ filed by the Applicant with and as required by the Oregon Employment Department; or

(B) Other documentation determined to be acceptable by the Department.

(d) Has established goals to create Full-time Jobs in Oregon within 90 days after approval of the grant;

(e) Demonstrates a reasonable capacity of achieving its goals to create Full-time Jobs in Oregon within 90 days after approval of the grant;

(f) Provides Comparable Wages to its employees; and

(g) Has paid the $50 non-refundable application fee to the Department.

(2) In order to approve a grant from the BOOST Account, the Department must first determine that funds are or will be available in the BOOST Account to fund the grant.

(3) After approval of a grant, the Department will enter into a grant agreement with the Applicant. Among other items, the grant agreement will contain the following provisions:

(a) Grant funds will be disbursed to the Applicant upon receipt of the report described in (3)(b) and a determination by the Department, in the reasonable exercise of its administrative discretion that the Department has sufficient funds in and expenditure authorization for the BOOST Account, to make the disbursement.

(b) No later than 10 months after the date the grant was approved by the Department, the Applicant shall submit a report to the Department for each new employee who:

(A) Was not an employee of the Applicant within the nine months prior to the current date of hire;

(B) Was unemployed for at least the 60 days prior to the date of hire by the Applicant, or is a veteran under the meaning given that term in ORS 408.225;

(C) Was hired by the Applicant within 90 days after the date the Department approved the grant;

(D) Has signed an affidavit that he or she was unemployed for at least the 60 days prior to the date of hire by the Applicant, or has signed an affidavit that he or she is a veteran under the meaning given that term in ORS 408.225;

(4) Worked at least:

(a) 35 hours in each of the 26 consecutive weeks since hired by the Applicant; or

(b) 25 hours in each of the consecutive 26 weeks since hired by the Applicant when the Applicant provides a Health Benefit Plan.

(c) The report submitted to the Department will include the following information for each employee who meets the criteria described in (3)(b):

(A) Legal Name;

(B) Social Security Number;

(C) Date of hire;

(D) Date of departure from the applicant if applicable

(E) Number of hours worked in each of the 26 consecutive weeks beginning the week the employee was hired by the Applicant.

(5) The amount of the grant to be disbursed to the Applicant shall be the minimum of:

(a) $50,000 in a calendar year;

(b) The grant amount approved;

(c) The amount in the BOOST Account available to be disbursed to the Applicant;

(d) The next increase in employment as demonstrated by the formula G = ( A1-A2 ) * $2,500, where:

(A) G = the amount of the grant to be disbursed;

(B) A1 = the average number of workers reported on the most recent Form OQ filed by the Applicant with and as required by the Oregon Employment Department or as demonstrated by other documentation determined to be acceptable by Department; and,

(C) A2 = the average number of workers determined in accordance with section (1)(c) above.

(6) The net increase in eligible employees as demonstrated by the formula G = [P – (P – A)] * $2,500 where:

(a) G = the amount of the grant to be disbursed;

(b) P = the number of projected Full-time Jobs submitted by the Application in the grant application;

(c) A = the total number of employees listed in the report described in (3)(b) above.

(7) The total amount of BOOST grants awarded and made shall not exceed 20% of the total capitalization provided to the BOOST Account from the Tax Enforcement Account.

(8) Applications for a grant from the BOOST Account will be processed on a first come, first served basis. If the Department determines an application for a grant from the BOOST Account is incomplete, the Department shall notify the Applicant in writing of the additional information needed and any deficiencies in the application. The Applicant must submit the information necessary for the Department to determine that the application is complete within thirty days after the date of notification or the application will no longer be considered for a grant award.

(9) Applications for a grant from the BOOST Account may be submitted by an Applicant to the Department at any time until 5:00 P.M. on June 30, 2012.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285B.050 - 285B.098, 408.225
Hist.: OBDD 20-2010(Temp), f. & cert. ef. 5-28-10 thru 10-9-10; OBDD 33-2010, f. & cert. ef. 10-1-10; OBDD 1-2012(Temp), f. & cert. ef. 2-23-12 thru 8-20-12; Administrative correction 9-20-12; OBDD 17-2012, f. 10-31-12, cert. ef. 11-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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