Or. Admin. Code § 123-674-7230
Current through Register Vol. 63, No. 11, November 1, 2024
Section 123-674-7230 - MaterialityAn eligible business firm's Noncompliance is material for purposes of ORS 285C.200(1)(f), only if all of the following are true:
(1)Zone-Applicable. It is related to or part of actual operations of and by the business firm within the enterprise zone boundary, including firm-wide activities that actually influence affairs in the zone, as well as elsewhere that the firm operates, such that:(a) The Illegal Act(s) might still occur outside the zone and be material if derivable from or directly beneficial to operations of the firm in the zone; but(b) Even if the Determination circumstantially indicates illicit intent by firm personnel or decisions, it is still immaterial, if lacking evident effect on tangible activities or behavior at zone locations.(2)Significant. It has or could conceivably harm, threaten, disrupt or undermine any of the following: An individual person, fair and honest commerce, government revenue collection, others' property rights, environmental protection, public health and safety, the general welfare and so forth, in contrast to a Noncompliance that results only in inconveniences (e.g., parking violations), aesthetical problems (e.g., poor landscape maintenance), etc.(3)Substantive. It relates to the actual behavior or effects that the law in question is intended to control or prevent, as opposed to failings or missteps in terms of procedural matters, data reporting or similar technicalities, unless such failings or missteps exhibit willfulness, perniciousness or a history of repetition.Or. Admin. Code § 123-674-7230
OBDD 27-2010, f. & cert. ef. 6-14-10; OBDD 15-2012, f. & cert. ef. 8-15-12; OBDD 7-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.200(7)
Statutes/Other Implemented: ORS 285C.200