(1) An application for employee and dependent scholarship program certification shall be filed by the employer establishing the program. The application shall be filed with the Director of the Office of Student Access and Completion at least three months prior to the close of the first tax year for which a tax credit under ORS § 315.237 will be claimed.

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(2) The application shall be filed on a form prescribed by the director and shall contain the information required by the director, including:

(a) The date on which the proposed employee and dependent scholarship program will first be available to the employer’s employees and their dependents;

(b) The total number of employees of the employer;

(c) The total number of employees who will be eligible, or whose dependents will be eligible, to participate in the program;

(d) The criteria to be used by the employer in determining the eligibility of an employee or an employee’s dependent for a scholarship under the program; and

(e) The annual limit, if any, on the amount of funds to be used for scholarships under the program.

(3) The director shall certify an application that describes an employee and dependent scholarship program that is in compliance with the rules adopted by the Higher Education Coordinating Commission under ORS § 348.616 (1), if made by an employer that meets the employment requirements of ORS § 348.616 (1) and (2).

(4) The director shall certify or reject an application within 60 days of receipt of the application and shall notify the employer of the director’s determination.

(5) An employer whose application has been rejected by the director shall be afforded an opportunity to amend the application to address the director’s objections to the original application.

(6) In the case of an employer whose proposed employee and dependent scholarship program has been certified by the director, the director shall send a letter of program certification to the employer. The letter of program certification shall set forth or incorporate by reference the statements made in the application being certified.

(7) A letter of program certification issued under this section shall remain valid until the employer changes the terms of eligibility for a scholarship under the program, changes the minimum or maximum amount of a scholarship under the program or ceases to be an employer. [2001 c.475 § 5; 2011 c.637 § 191; 2013 c.747 § 125; 2017 c.66 § 52]

[1967 c.430 § 9; 1971 c.577 § 2; renumbered 348.592 in 1997]