Lost, Unclaimed or Abandoned Property

ORS 98.402
Hearing on claim

  • judicial action if administrator fails to act


(1)

A person aggrieved by a decision of the administrator may request a hearing regarding the decision. The Department of State Lands shall conduct the hearing as a contested case proceeding in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(2)

If the administrator fails to act on a claim within 120 days after a person files the claim under ORS 98.392 (Claim for unclaimed property reported to Department of State Lands), the person may file a petition under ORS 183.484 (Jurisdiction for review of orders other than contested cases) to request a court to compel the department to act pursuant to ORS 183.490 (Agency may be compelled to act). [1957 c.670 §23; 1983 c.716 §20; 2003 c.272 §5]
Note: The amendments to 98.402 (Hearing on claim) by section 24, chapter 678, Oregon Laws 2019, become operative July 1, 2021. See section 85, chapter 678, Oregon Laws 2019. The text that is operative on and after July 1, 2021, is set forth for the user’s convenience.
98.402 (Hearing on claim). (1) A person aggrieved by a decision of the State Treasurer under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) may request a contested case hearing in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(2)

If the State Treasurer fails to act on a claim within 120 days after a person files the claim under ORS 98.392 (Claim for unclaimed property reported to Department of State Lands), the claimant may petition a court under ORS 183.484 (Jurisdiction for review of orders other than contested cases) to compel the State Treasurer to act.
§§ 98.302 to 98.436

Atty. Gen. Opinions

Necessity of probate if abandoned property is claimed by heirs, (1972) Vol 35, p 1177


Source

Last accessed
Jun. 26, 2021