Oregon Business Development Department
Chapter 123
Division 70
FIRST-SOURCE HIRING AGREEMENTS
123-070-1900
Data Collection
(1) For purposes of OAR 123-070-1200(3)(e) and 123-070-1700(1)(e), the Contact Agency may collect and compile data by Benefited Business and by referring agency (Provider), and may specify in the First Source Agreement a schedule and method by which a Benefited Business submits or confirms data, for the following items:
(a) The Benefited Business's name, address and State Business Identification Number (BIN/unemployment insurance account number);
(b) The number and names of all persons referred to each Benefited Business through a First Source Agreement with the Contact Agency;
(c) The number of such referrals and the names of referred persons who were hired by the Benefited Business;
(d) The total number of individuals hired by each Benefited Business; or
(e) A consolidated list of applicable job openings, whether filled or unfilled, even if vacated or refilled.
(2) Any data collection under this rule shall be performed no more frequently than as follows, and then only for data specific to the intervening period in question and not previously collected:
(a) For Benefited Businesses as described in OAR 123-070-1150(1) (lottery-funded programs), the data may be collected for the following quarters: January 1 through March 31, April 1 through June 30, July 1 through September 30 and October 1 through December 31.
(b) For Benefited Businesses as described in OAR 123-070-1150(2) (tax incentive programs), the data may be collected on an annual basis, subject to modification under section (3) of this rule, for each calendar year until the end of the property tax exemption period.
(3) If a Benefited Business is receiving benefits under a program pursuant to both subsections (2)(a) and (b) of this rule, the data for the Benefited Business may be collected in the manner specified in subsection (2)(a) of this rule during the period in which the First Source Agreement is in effect for the lottery-funded benefits, with an annual compilation for every December 31. After such period, data collection may take place only as indicated in subsection (2)(b) of this rule.
(4) For Benefited Businesses as described in OAR 123-070-1150(2), the county under ORS 285C.609 or the enterprise zone sponsor may seek the Contact Agency's assistance as described in subsection (5) of this rule for the following:
(a) A Strategic Investment Program agreement under ORS 285C.609;
(b) An urban enterprise zone in which the sponsor has adopted a policy under ORS 285C.150 (irrespective of a regularly formatted First Source Agreement as provided in OAR 123-070-1800);
(c) Resolution adopted under ORS 285C.155 to waive employment increase requirement; or
(d) A written agreement for an extended period of enterprise zone abatement up to five years under ORS 285C.160.
(5) For the purposes of section (4) of this rule and this section, the zone sponsor or the county:
(a) Shall take appropriate and necessary actions to compensate the Contact Agency or Providers for any expenses that arise, and to safeguard the confidentiality of data submitted or compiled with respect to legal constraints affecting the Contact Agency or any Provider;
(b) May make the Benefited Business's submission of data specified in paragraph (c)(A) of this section a condition for the tax incentive benefit, if so provided in the policy or agreements under section (4) of this rule; and
(c) May in cooperation with the Contact Agency request the following:
(A) That the First Source Agreement specify particular types and formats of data that the Benefited Business must provide, either to demonstrate compliance with requirements under ORS 285C.150, 285C.155, 285C.160, 285C.205 or 285C.609(5) or to satisfy other information needs of the sponsor or the county related to the Benefited Business's hiring, employment, training, compensation and so forth, insofar as it is practical, and as such data or information reasonably relates to the First Source Agreement; and
(B) To have such data transmitted through the Contact Agency. (No such data is to come from any other information source to which a Provider has access, including but not limited to unemployment insurance data.)
(6) For Benefited Businesses under the state lottery-funded programs listed in OAR 123-070-1150(1), the Contact Agency may provide appropriate compilations of data collected under this rule to the Department, as requested by the Director.
Statutory/Other Authority: ORS 285A.075 & 285C.060(1)
Statutes/Other Implemented: ORS 285C.060, 285C.105, 285C.150, 285C.155, 285C.160, 285C.606, 285C.609 & 461.740
History:
EDD 26-2009, f. 11-30-09, cert. ef. 12-1-09
EDD 1-2005, f. & cert. ef. 2-25-05
EDD 3-2000, f. & cert. ef. 2-1-00, Renumbered from 123-070-0360
EDD 9-1996, f. 10-8-96, cert. ef. 10-11-96
EDD 1-1996, f. 2-28-96, cert. ef. 3-1-96
Reverted to EDD 8-1990, f. 4-13-90, cert. ef. 4-14-90
EDD 3-1992(Temp), f. 3-12-92, cert. ef. 3-13-92
EDD 8-1990, f. 4-13-90, cert. ef. 4-14-90
EDD 7-1989(Temp), f. & cert. ef. 10-17-89