Computation of Department Expenses
(1)The Department shall recover its actual expenses incurred in administering an estate, including attorney fees, probated under ORS Chapter 113 (Initiation of Estate Proceedings) and 114, a small estate proceeding under 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy), actions to recover the escheated portion of an estate under 116.203 (Disposition of unclaimed assets), investigation or recovery of assets under 708A.430 (Disposition of deposit on death of depositor), 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box), 722.262, 722.660, 723.466 (Disposition of deposit on death of depositor) or 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box) and for any expenses incurred in securing an estate and identifying heirs when it is unknown as to whether the decedent died intestate and without known heirs.
(2)The calculation of the expenses of the Department under subsection (1) of this rule shall consist of the amount of the basic hourly rate of the employee in addition to the overhead for the time spent. As used in this subsection:
(a)“Basic hourly rate” means the actual salary and other personnel expenses of the employee, divided by the annual number of hours of employment.
(b)“Overhead” includes all other expenses of the agency proportionately attributable to the activities of the employee that are not separately itemized and billable as expenses.
Rule 141-035-0068 — Computation of Department Expenses,