Oregon Statutes 285C.559 – Revocation of certificate; collection
(1) Under the procedures for a contested case under ORS Chapter 183, the Director of the Oregon Business Development Department may order the suspension or revocation of the certificate issued under ORS § 285C.553 or 469B.161 if the director finds that:
Terms Used In Oregon Statutes 285C.559
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
(a) The certification was obtained by fraud or misrepresentation;
(b) The holder of the certificate or the operator of the facility has failed to construct or operate the facility in compliance with the plans, specifications and procedures in the certificate or the performance agreement; or
(c) The facility is no longer in operation.
(2) As soon as the order of revocation under this section becomes final, the director shall notify the Department of Revenue, the facility owner, contract purchaser or lessee and any transferee under ORS § 285C.549 of the order of revocation. Upon notification, the Department of Revenue immediately shall proceed to collect:
(a) In the case in which no portion of a certificate has been transferred under ORS § 285C.549, those taxes not paid by the certificate holder as a result of the tax credits provided to the certificate holder under ORS § 315.341, from the certificate holder or a successor in interest to the business interests of the certificate holder. All prior tax credits provided to the holder of the certificate by virtue of the certificate shall be forfeited.
(b) In the case in which all or a portion of a certificate has been transferred under ORS § 285C.549, the maximum theoretical amount of the tax credits allowable under ORS § 315.341, from the transferor.
(3)(a) The Department of Revenue shall have the benefit of all laws of this state pertaining to the collection of income and excise taxes and may proceed to collect the amounts described in subsection (2) of this section from the person that obtained certification from the State Department of Energy or from the Oregon Business Development Department, or any successor in interest to the business interests of that person. No assessment of tax shall be necessary and no statute of limitation shall preclude the collection of taxes described in this subsection.
(b) For purposes of this subsection, a lender, bankruptcy trustee or other person that acquires an interest through bankruptcy or through foreclosure of a security interest is not considered to be a successor in interest to the business interests of the person that obtained certification.
(4) Notwithstanding subsections (1) to (3) of this section, a certificate or portion of a certificate held by a transferee under ORS § 285C.549 may not be considered revoked for purposes of the transferee, the tax credit allowable to the transferee under ORS § 315.341 may not be reduced and a transferee is not liable under subsections (2) and (3) of this section. [2011 c.474 § 14]
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