Or. Admin. Code § 340-017-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-017-0040 - Procedure to Revoke Certification

(1) Pursuant to the procedures for a contested case underORS 183.310 to 183.550, the Commission may order the revocation of the final tax credit certification issued under toORS 468.466, if it finds that:

(a) The certification was obtained by fraud or misrepresentation; or

(b) The holder of the certificate has failed substantially to operate the qualifying business as specified in such certificate.

(2) As soon as the order of revocation under this rule has become final, the Commission shall notify the Oregon Department of Revenue.

(3) If the certification of an investment is ordered revoked pursuant to subsection (1)(a) of this rule, all prior tax relief provided to the holder of such certificate shall be forfeited and the Department of Revenue or the proper county officers shall proceed to collect those taxes not paid by the certificate holder as a result of the tax relief provided to the holder under any provision of ORS 315.324.

(4) If the certification of an investment is ordered revoked pursuant to subsection (1)(b) of this rule, the certificate holder shall be denied any further relief provided under 315.324 in connection with such facility from and after the date that the order of revocation becomes final.

(5) The Department may withhold revocation of a certificate when the investment ceases to be used for the collection, transportation or processing of reclaimed plastic or the manufacture of a recycled plastic product if the certificate holder indicates in writing that recycling activities specified in the certificate will commence again within five years time. The Department will provide the Department of Revenue with a copy of the certificate holder's written indication of intent to recommence recycling activities specified in the certificate. In the event that the facility is not returned to operation as indicated, the Department shall revoke the certificate.

Or. Admin. Code § 340-017-0040

DEQ 4-1986, f. & ef. 2-12-86; DEQ 29-1989(Temp), f. & cert. ef. 12-14-89; DEQ 7-1990, f. & cert. ef. 3-13-90; DEQ 6-1998, f. 4-24-98, cert. ef. 5-1-98

Stat. Auth.:ORS 468.150

Stats. Implemented:ORS 468.150 -ORS 468.190