(1) No sooner than the 31st day following compliance with ORS § 285C.078 (1), the sponsor of an enterprise zone or the governing body of a city shall submit to the Oregon Business Development Department documentation of the sponsor’s or city’s designation of the zone or city for electronic commerce under ORS § 285C.095 or 285C.100, respectively, with sufficient information for the department to make a determination under this section.

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(2)(a) As soon as practicable after receipt of the documentation required under subsection (1) of this section, the department shall notify the zone sponsor or governing body of the city of the department’s determination.

(b) The department’s determination shall be positive and final if the designation meets applicable requirements, including, but not limited to, any numeric limitation under ORS § 285C.095 or 285C.100.

(c) If the department’s determination is negative, the notice required under paragraph (a) of this subsection must state the reasons for the negative determination.

(d) A zone sponsor or the governing body of a city that receives a negative determination under this subsection may resubmit documentation of the sponsor’s or city’s designation of the zone or city for electronic commerce for a determination under this section.

(3)(a) For purposes of complying with the numeric limits of ORS § 285C.095 or 285C.100, the department shall make determinations under this section in the order in which documentation submitted under subsection (1) of this section is received.

(b) For purposes of this subsection, documentation that is resubmitted after a negative determination shall be considered received on the date of the resubmission.

(c) The department shall adopt rules necessary to administer this subsection. [2015 c.648 § 14]

(Management of Enterprise Zone)