305.740 Commission examination for continuing eligibility; disqualification order

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305.740 Commission examination for continuing eligibility; disqualification order.

(1)The Oregon Charitable Checkoff Commission shall examine each entity included for checkoff on a schedule of the Oregon individual income tax return at least once every two years after initial application under ORS 305.725.

(2)(a) If the commission determines that an entity certified under ORS 305.715

(2)for the prior tax year is not qualified to be included, or that an entity making application is not qualified to be included, on the checkoff schedule on the individual income tax return for the current tax year, the commission shall so order.

(b)The commission shall serve upon the entity, either by personal service or by certified mail, return receipt requested, the order issued under paragraph

(a)of this subsection. The order shall comply with the applicable notice requirements of ORS 183.415.

(c)The entity or person or persons to whom the order is directed shall have 20 days from the date of personal service or mailing of the notice in which to make written application to the commission for a contested case hearing to be held in accordance with ORS 183.415 to 183.500 before the commission or the designee of the commission. In any hearing before the designee of the commission, the designee is authorized to issue the final order in the matter.

(d)Upon failure to request a contested case hearing within the time specified, the order shall become final.

(e)Appeal may be taken from a final order as specified under ORS 183.480 to 183.497.

(f)A final order issued by the commission, the designee of the commission, the Court of Appeals or the Oregon Supreme Court determining that an entity be included on the list certified under ORS 305.715

(2)may require only that the entity be included on the list next certified after the effective date of the final order. [1989 c.987 §13; 2001 c.114 §6; 2007 c.822 §10; 2021 c.8 §7]