Or. Admin. Code § 123-635-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 123-635-0100 - Definitions

As used in this division of administrative rules, in addition to definitions in OAR 123-001 (Procedural Rules), unless the context demands otherwise:

(1) "Business firm" means a person operating or conducting one or more trades or businesses for profit, and does not include any governmental agency, municipal corporation or nonprofit corporation, other than a people's utility district or a joint operating agency under ORS 262.005.

(2)Compensation means total annual remuneration (whether taxable or not) in the form of wages, salary, overtime pay, shift differential, profit-sharing, bonuses, commissions, paid vacation, and associated fringe or financial benefits such as life insurance, medical coverage and retirement plans that are paid or provided by the business firm seeking certification of a Facility during the firm's tax year, but excluding:

(a) Free meals, club membership or comparable workplace amenities;

(b) Payroll-based tax or cost mandated by federal, state or local law, such as worker's compensation, unemployment insurance or the employer's share under FICA; and

(c) Gratuities or tips, other than what is anyways part of taxable income for purposes of employee withholding.

(3)Current County Wage is the finalized average annual figure for all industries and ownerships in the county where the Facility is located, as most recently released by the Employment Department for the Quarterly Census of Employment and Wages (QCEW) when the business firm applies for certification according to OAR 123-635-0300, which for calendar-based applicants will typically be for the year preceding the tax year.

(4)Established County Income is the annual county per capita personal income under ORS 285C.500(2) for the county in which the Facility is located, as most recently available when the business firm last applied or reapplied for preliminary certification according to OAR 123-635-0200.

(5)Facility has the meaning under ORS 285C.500(4).

(6)Municipal Corporation means the following, with respect to the location of a proposed Facility as described in OAR 123-635-0200:

(a) The county government of the county, the territory of which contains the Facility, regardless of whether the location is incorporated or not;

(b) A Port for which the Facility will be located within the territorial limits of the port district; and

(c) A city government, if the Facility will be located within the corporate limits or urban growth boundary of the city.

(7)Qualified Location means a site for a Facility as described in OAR 123-635-0150.

(8)Unique Operations has the meaning in OAR 123-635-0175.

(9)Wage means the taxable income used in calculating amounts withheld for employees of the business firm seeking Facility certification under ORS chapter 316 for purposes of Oregon personal income taxes during the firm's tax year.

Or. Admin. Code § 123-635-0100

EDD 17-2002, f. 11-27-02, cert. ef. 12-2-02; EDD 9-2005, f. & cert. ef. 11-4-05; OBDD 5-2010, f. 1-29-10, cert. ef. 2-1-10; Renumbered from 123-155-0100, OBDD 1-2011, f. & cert. ef. 1-3-11; OBDD 4-2011, f. 8-31-11, cert. ef. 9-1-11; OBDD 12-2012, f. & cert. ef. 8-15-12; OBDD 5-2016, f. & cert. ef. 3/28/2016; OBDD 12-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 13-2020, amend filed 08/12/2020, effective 8/12/2020

Statutory/Other Authority: ORS 285A.075

Statutes/Other Implemented: ORS 285C.500 - 285C.506