ORS 293.240
Writing off uncollectible debts due state agency

  • offers of compromise

(1)

If a state agency has made all reasonable efforts to collect money owed to the agency and has determined that the money and any interest or penalties on the money are uncollectible, the agency may write off the debt on its accounts.

(2)

Before determining that money is uncollectible under subsection (1) of this section, a state agency must adopt criteria for determining when money is uncollectible. The criteria must include the right of offset and must be approved by the Attorney General.

(3)

Intentionally left blank —Ed.

(a)

A state agency, the Department of Revenue collecting on an account under ORS 293.250 (Collections Unit) or a private collection agency collecting on an account under ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency) may propose and accept offers of compromise for settlement of a debt owed to a state agency. Before proposing or accepting an offer of compromise, a state agency must adopt criteria for determining when offers of compromise may be made. The criteria must be approved by:

(A)

The Attorney General in the case of the Secretary of State and State Treasurer;

(B)

The Chief Justice in the case of all state courts and all commissions, departments and divisions in the judicial branch of state government; or

(C)

The Oregon Department of Administrative Services and the Attorney General in the case of other state agencies.

(b)

A private collection agency or the Department of Revenue shall accept an offer of compromise for settlement of a debt owed to a state agency:

(A)

In accordance with the criteria adopted by the state agency to which the debt is owed; and

(B)

With the authorization of the state agency to which the debt is owed.

(c)

This subsection does not allow the compromise of the amount of restitution or a compensatory fine in a criminal money judgment.

(4)

This section does not apply to debts owed to a state agency for which a procedure for compromise, release, discharge, waiver, cancellation or other form of settlement for the debt for reasons other than uncollectibility is by law made specially applicable to the state agency. [1965 c.448 §2; 1971 c.604 §3; 1991 c.567 §3; 1999 c.1092 §5; 2011 c.223 §1; 2015 c.766 §4; 2017 c.746 §20; 2021 c.215 §2]

Source: Section 293.240 — Writing off uncollectible debts due state agency; offers of compromise, https://www.­oregonlegislature.­gov/bills_laws/ors/ors293.­html.

Notes of Decisions

This section, providing that uncollectible debts may be assigned to Department of Revenue for collection and that debts are not to be deemed uncollectible unless setoff has been considered, did not preclude Department of Revenue from withholding tax refunds as setoffs against debts owed state. Brown v. Lobdell, 36 Or App 397, 585 P2d 4 (1978), Sup Ct review denied

Attorney General Opinions

Right of set off applied to claims against state, (1977) Vol 38, p 1438; doubtful collectibility as sole factor in determining whether to compromise, settle or adjust a receivable, (1978) Vol 38, p 2063

293.075
Encumbrances 293.090
Disposition of gift, devise or bequest to state or state agency 293.095
Effect of change in organization of state agencies on gifts, devises and bequests 293.105
General Fund 293.110
Certain funds as part of General Fund 293.115
Moneys separate and distinct from General Fund 293.117
Trust fund 293.125
Department to make accounting entries and charge claims against special dedicated funds 293.130
Information required on records of moneys deposited 293.135
Payment of warrants against certain special funds 293.140
Disposition of interest on state funds 293.144
Oregon Rainy Day Fund 293.146
Transfer of moneys to Rainy Day Fund 293.148
Cap on amount 293.165
Borrowing to pay warrants against General Fund 293.167
Proceeding when warrants not paid for want of funds 293.169
Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers 293.171
State agency overdrafts 293.180
Agency petty cash fund 293.190
Reversion of appropriations to General Fund 293.195
Retention of appropriation balances 293.205
Definitions for ORS 293.205 to 293.225 293.210
Transfer and retransfer of money and credit among state funds 293.212
Transfers to funds of Department of Transportation with insufficient moneys 293.214
Lines of credit for state agency 293.215
Evidencing transfers and retransfers 293.220
Interest on transferred moneys or credits 293.225
Construction of ORS 293.205 to 293.220 293.226
Use of Social Security numbers for state agency debt collection activities 293.227
Definitions for ORS 293.227 to 293.233 293.229
Liquidated and delinquent accounts of state agency 293.231
Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency 293.233
Exemption of accounts from assignment to Department of Revenue or private collection agency 293.234
Report by Oregon Department of Administrative Services on certain uncollected debt 293.235
“State agency” defined for ORS 293.240 and 293.245 293.240
Writing off uncollectible debts due state agency 293.245
Subsequent collection of debt written off under ORS 293.240 293.250
Collections Unit 293.252
Duties of Oregon Department of Administrative Services relating to state agency debt collection 293.254
Requirement that state agency make reasonable efforts to collect debts owed to agency 293.256
Charges for expenses of Oregon Department of Administrative Services 293.258
Delinquent Accounts Administration Fund 293.260
Collection of moneys and property due to state 293.262
Requiring information regarding accounts 293.265
Disposition of collected moneys 293.270
Record of moneys deposited under ORS 293.265 293.275
Disbursement of moneys 293.280
Application of ORS 293.265 to 293.275 293.285
Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments 293.293
Funds held in trust by court 293.295
When claim against moneys in State Treasury may be paid 293.300
No claim to be paid if disapproved by department 293.306
Forms and procedures for claims, warrants, checks and orders 293.311
Requiring information regarding claims 293.316
Appeal of disputed claim 293.321
Limitation on time of presentment of claims 293.326
When claim allowed against state as setoff 293.330
Designation of officer by state agency to approve disbursements 293.335
Designation of individual by legislative committee to approve disbursements 293.341
References to voucher claims as references to disbursements 293.346
Drawing warrants 293.348
Charging and billing state agencies for expense of drawing and processing warrants 293.353
Payment for expense of processing banking-related transactions 293.370
Use of facsimile signatures by department and state agencies 293.375
Use of facsimile signatures by state officers and employees 293.406
Payment by State Treasurer 293.445
Definition for ORS 293.445 to 293.460 293.447
Establishment of accounts for purposes other than those in ORS 293.445 authorized 293.450
Report of checks outstanding more than two years 293.455
Refusal of payment of unpresented checks 293.460
Recourse of owners of unpaid checks 293.462
Payment of overdue account charges 293.465
Definitions for ORS 293.465 to 293.485 293.470
Payment on lost, stolen or destroyed instruments 293.475
Issuance of duplicate instrument 293.480
Adoption of uniform procedure for issuing duplicate instruments 293.485
Effect of wrongful payment 293.490
Payment upon death of person entitled to money from state if estate not in probate 293.495
Procedure for payment 293.500
Probate proceedings unnecessary 293.505
Secretary of State as Auditor of Public Accounts 293.510
Presentment of claims to Secretary of State not required 293.515
Withholding salary of state official or employee failing to settle accounts or correct delinquencies or errors in audit reports 293.525
Payments to and by state agencies by electronic funds transfers 293.537
Tobacco Settlement Funds Account 293.540
Health Care Trust Fund 293.550
Receipt and disposition generally of federal aid moneys 293.555
Receipt and disposition of moneys received from federal government in lieu of ad valorem property taxes 293.560
Apportionment among counties of moneys received from federal government from forest reserves 293.565
Apportionment among counties of moneys received from federal government under Mineral Lands Leasing Act 293.570
Apportionment among counties of moneys received from federal government under federal Flood Control Act 293.575
Distribution of funds received under the Taylor Grazing Act 293.590
Department to supervise state agency accounting 293.595
Supervision of data processing equipment for accounting system 293.600
Financial and statistical reports by state agencies 293.605
Fiscal year 293.611
Accounts and records of Secretary of State as Auditor of Public Accounts 293.616
Accounts and records of State Treasurer 293.620
Monthly account of and payment by custodians of state property 293.625
Statements to be rendered to Secretary of State 293.630
Date for closing accounts by persons who must make annual accounts 293.640
Period covered by biennial reports 293.660
Determining date of filing or receipt of reports, claims, tax returns or remittances 293.665
Calculation of savings resulting from penalty reductions for certain offenses 293.701
Definitions for ORS 293.701 to 293.857 293.706
Oregon Investment Council 293.708
Conflicts of interest for council members 293.711
Compensation and expenses of council members 293.712
Continuing education requirements for members of council 293.713
When compensation of council member as director of business prohibited 293.714
Council meetings 293.716
State Treasurer is investment officer for council 293.718
Payment of expenses of State Treasurer 293.721
General objective of investments 293.723
Discrete investment of moneys 293.726
Standard of judgment and care in investments 293.728
Oregon Short Term Fund 293.731
Council to formulate and review investment policies 293.733
Venture capital investments 293.734
Report on venture capital investments 293.736
Duties of investment officer 293.741
Council may contract with others to perform investment officer functions 293.746
Opinion of bond attorney or Attorney General 293.751
Custody of title instruments 293.756
Separate accounting for funds 293.761
Duty of investment officer to provide information for financial reporting 293.766
Monthly reports by investment officer to council 293.771
Reports by council to Governor and legislature 293.776
Examination and audit of investment program 293.778
Investment holding companies 293.780
Group annuity contracts with insurers on behalf of Public Employees Retirement System and Board 293.790
Holding, investing and disposing of corporate stock 293.793
Purchase or acquisition of state government bonds 293.796
Findings regarding venture capital for new businesses 293.811
Short title 293.812
Definitions for ORS 293.811 to 293.832 293.813
Findings 293.819
Investment in scrutinized companies 293.825
Policy for engagement with investment managers with investments in scrutinized companies 293.828
Notice on State Treasurer’s website 293.832
Applicability of ORS 293.825 and 293.828 293.837
Definitions for ORS 293.837 to 293.847 293.839
Investment in scrutinized companies 293.841
Policy for engagement with investment managers with investments in scrutinized companies 293.843
Notice on State Treasurer’s website 293.847
Applicability of ORS 293.841 and 293.843 293.857
Separate accounts for each local government 293.861
Investment pools authorized 293.863
Investment pool procedures 293.875
State Treasurer as state banking and cash management officer 293.880
Accounts and funds established to comply with federal legislation relating to state and federal cash management reform 293.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 293.240’s source at oregon​.gov