OAR 141-040-0214
Review Criteria/Time
(1)
The administrator shall approve or deny a claim to recover unclaimed property within 120 days after the claimant files a completed claim form under ORS 98.392 (Claim for unclaimed property reported to Department of State Lands).(2)
Except as may be authorized by an agreement between the Department and another agency or entity, when the Department determines that the claim, or some portion thereof, relates to property reported to the Department but held by another agency or entity responsible for reviewing claims and payment of claims, the claim file or relevant copies will be forwarded to the responsible agency or entity. The Department will notify the claimant of the transfer of the claim file and the contact information for the responsible agency or entity. OAR 141-040-0200 (Purpose) through 141-040-0220 (Claim Denial/Closure) (the “Rules for Recovery of Unclaimed Property”) shall not apply to the procedures utilized by the responsible agency or entity in review of the claim.(3)
Except as otherwise provided in subsection (4) of this section, the Department will review claims in the order of receipt.(4)
The Department may expedite the review of a claim where:(a)
The claimant, in the sole discretion of the Department, has provided to the Department evidence of extenuating circumstances warranting expedited review.(b)
The Department’s automated selection technology demonstrates that:(A)
The claimant is the original owner, there are no co-owners, and claimant still lives at the address reported by the holder, or(B)
The claimant is the original owner, there are no co-owners and claimant has provided other information that matches the reported data.(5)
In determining if there is sufficient evidence to support a claim, the Department shall consider:(a)
The age and likelihood of the existence of direct evidence to support the claim;(b)
The existence of any competing claims for the property; and(c)
Any other related evidence the Department determines appropriate under the circumstances of the particular claim.(6)
The Department shall determine whether a preponderance of the evidence proves the claimant is legally entitled to the unclaimed property.(7)
If the Department approves a claim, the Department shall request a warrant from the Oregon State Treasury. If the claim is allowed for funds deposited in the General Fund, the Department shall pay the claim and file a request for reimbursement from the State Treasurer, who shall reimburse the Department within five working days from the fund against which the warrant represented in the claim was issued.(8)
A holder may make payment to or delivery of property to an owner and file a claim with the Department for reimbursement. The Department shall reimburse the holder within 60 days of receiving proof that the owner was paid. The Department may not assess any fee or other service charge to the holder. Upon receiving the funds from the Department, the holder shall assume liability for the claimed asset and hold the Department harmless from all future claims to the property.(9)
If the property is being recovered by a finder who has submitted a Power of Attorney that authorizes disbursement to the finder, the Department shall issue a warrant payable to both the claimant and Finder and mail the warrant to the finder.(10)
When a claim is for the benefit of the heirs of a deceased owner:(a)
If the amount of the claim is less than $1000, the Department shall issue a warrant FBO (For the Benefit of the Heirs of (decedent’s name)).(b)
If the amount of the claim is $1000 or more, but less than $5000, the Department shall issue a warrant FBO (For the Benefit of the Heirs of (decedent’s name)) and, if the estate was not probated, require the claimant to complete an Affidavit in Lieu of Probate.(c)
If the amount of the claim is $5,000 or more, prior to payment the Department shall require evidence of probate or the filing of probate in accordance with the applicable requirements of Chapters 111, 113–117, Oregon Revised Statutes.
Source:
Rule 141-040-0214 — Review Criteria/Time, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-040-0214.