Oregon Bulletin
January 1, 2011
Rule
Caption: Clarify, streamline and simplify
claim requirements and allow the Department to expedite straightforward claims.
Adm.
Order No.: DSL 2-2010
Filed with Sec. of
State: 12-13-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 11-1-2010
Rules Amended: 141-040-0211, 141-040-0212, 141-040-0213,
141-040-0214, 141-040-0220
Subject: The revised rules will allow the Dept. of State Lands
(DSL) to maximize the effectiveness of new technologies to identify simple
claims where the claimant is the owner and lives at the same address or has
matching data to the property reported.
Businesses and
state and local governments seeking unclaimed property will have a streamlined
process to recover their funds based on an indemnification and return agreement
if a superior claim is filed.
The values are
increased where claimants would be required to complete an affidavit or probate
an estate to finalize a claim.
DSL refers some
claims to several agencies that retain those funds and process any claims. We
want to clarify that our claim rules only apply to property held by DSL.
Rules Coordinator: Elizabeth Bolden—(503) 986-5239
141-040-0211
Claim Format
(1) Pursuant to ORS 98.392, a person claiming interest
in unclaimed property reported or remitted to the Department may file a claim
for the property or proceeds from the sale of the property at any time.
(2) A person shall file a claim with the Department on
forms provided by the Department, or in a format acceptable by the Department.
(3) A complete claim shall be considered filed upon its
receipt by the Department.
(4) In order to be complete, each claim shall include:
(a) The name and current photo identification or other
satisfactory proof of identity of the claimant, such as a driver’s license or
passport;
(b) Current mailing address of the claimant and
satisfactory documentation to prove current residence;
(c) A description of the claimant’s interest in the
property;
(d) Evidence of the claimant’s Business Tax ID, or
Federal Tax ID number for business or governmental entity claims;
(e) Evidence of ownership satisfactory to establish the
validity of the claim; and
(f) An indemnification agreement in a form provided by
or acceptable to the Department.
(g) The signature of the claimant on the claim form or
other document acceptable to the Department. If the amount of the claim is
greater than $100, the signature of the claimant must be notarized.
(5) In addition to the information required under
subsection (4) of this section, if the claimant is the original owner, a
description of the nature of the property.
(6) In addition to the information required under
subsection (4) of this section, if the claimant is other than the original
owner, a description of the relationship of the claimant to the original owner,
and documentation of the basis on which both the original owner and the
claimant have legal authority to claim the property. If the original owner of
the unclaimed property is deceased and the claimant is an heir or devisee, then
the claimant must describe the claimant’s relationship to the deceased owner
and include documentation that establishes that claimant is the heir or devisee
of the original owner. If the owner is a minor or is incapacitated, then the
claimant must provide proof of guardianship or conservatorship. Proof of
guardianship or conservatorship must be no more than 60 days old at the time
the claim is submitted.
(7) In addition to the information required under
subsection (4) of this section, if the claim is being filed by a finder:
(a) The claim shall include an original Power of
Attorney or written notarized statement provided by each claimant to the finder
authorizing the finder to act on behalf of the claimant.
(b) The finder shall be licensed and comply with the
requirements of ORS 703.401 to 703.470. The finder shall include a copy of this
license issued by the Oregon Department of Public Safety, Standards and
Training with the claim.
(c) An affidavit signed by the claimant for specified
types of property as determined by the Department.
(8) In addition to the information required under
subsections (4) to (7) of this section, in order to expedite the determination
of the rightful owner, a claimant may include the claimant’s Social Security
number.
Stat. Auth.: ORS 98.302 - 98.436
& 273.045
Stats. Implemented: ORS 98
Hist.: LB 27, f. 8-28-75, ef.
9-25-75; LB 5-1987, f. & ef. 8-18-87; LB 2-1995, f. & cert. ef.
6-15-95; DSL 12-1999, f. & cert. ef. 4-5-99, Renumbered from 141-040-0215;
DSL 8-2002, f. 12-24-02 cert. ef. 1-1-03; DSL 3-2003, f. 12-15-03, cert. ef.
1-1-04; DSL 7-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 2-2010, f. 12-13-10,
cert. ef. 1-1-11
141-040-0212
Proof of Ownership
(1) The burden is on the claimant to provide sufficient
proof to establish the elements of the claim, and it is the claimant’s
responsibility to contact persons and to search out documents relating to the
claim.
(2) Name similarity alone is not sufficient to prove
entitlement to unclaimed property.
(3) Documents submitted to establish ownership may
include, but are not limited to:
(a) Copies of any documents showing addresses,
including but not limited to utility bills, tax records, or original
correspondence addressed to the owner at the address shown on the Department’s
records;
(b) Passbooks, statements of accounts, canceled checks,
deposit slips;
(c) Copy of, or original stock certificate in the
owner’s name, copy of prior dividend payment or statement, stock transmittal
receipt, brokerage firm statement;
(d) Original insurance policies, premium or dividend
statements;
(e) Original deposit slips or receipts;
(f) Safe deposit box rental receipt or statement
regarding the box;
(g) Original certified or photo copies of court
documents;
(h) Newspaper articles including marriage
announcements, birth or obituary notices;
(i) Family or church records, baptismal certificates,
or personal correspondence;
(j) Public or business records;
(k) Signature verification cards from financial
institutions;
(l) Testimonial evidence, including properly notarized
affidavits; or
(m) Any other forms of evidence the Department may
consider sufficient to satisfy a reasonable and prudent person under the
circumstances of the particular claim.
(4) When a claimant submits a claim on behalf of the
original owner of unclaimed property, the claimant shall provide:
(a) Evidence to establish the claimant’s legal
authority to make a claim for the original owner; and
(b) Evidence to establish the original owner’s right to
the unclaimed property.
(5) When a claimant submits a claim on behalf of a
successor to the original owner of the property, the claimant shall provide:
(a) Evidence to establish the claimant’s legal
authority to make a claim for the successor to the original owner; and
(b) Evidence to establish the original owner’s right to
the unclaimed property; and
(c) Evidence to establish the successor’s right to the
unclaimed property as a successor to the original owner. The evidence that may
be used to establish the successor’s right to the unclaimed property as a
successor to the original owner consists of but is not limited to, certified
copies of probate documents, small estate affidavit, Final Decree of
Distribution, a will, death certificates, Letters Testamentary, or Guardianship
or Conservatorship, or other appropriate documentation.
(6) When a claimant submits a claim on behalf of a
business or governmental entity, the claimant’s authority to make a claim on
behalf of the entity must be established to the satisfaction of the Department
in accordance with the requirements of OAR 141-040-0213.
(7) As an alternative to the information required under
this section, an authorized employee filing on behalf of a business or
governmental entity may submit a completed business affidavit on the form
supplied by the Department that indemnifies the Department and assures
repayment in the event a superior claim is submitted. The Department at its
sole discretion, may reject a business affidavit for all or a portion of the
claimed properties and require the evidence under this section.
(8) If the claim is for a negotiable instrument,
(cashier’s check, money order, certified check, traveler’s check) the payee
shall be considered to be the owner unless the purchaser possesses the
instrument or provides evidence of payment satisfying the obligation to the
payee.
(9) If the claim is for securities, claimants are
entitled to receive either the securities that the holder delivered to the
Department if they still remain with the Department, or the proceeds received
from the sale, less any amounts deducted pursuant to ORS 98.386.
(10) If the claim is for securities or negotiable
instruments, the claimant shall surrender to the Department with the claim the
certificate or the original instrument, if the claimant possesses it. If the
claimant does not surrender the original certificate, the Department may
require the claimant to provide a lost instrument bond.
(11) If a claim is made on behalf of a creditor of an
owner of unclaimed property, the creditor shall provide a certified copy of the
writ of garnishment.
(12) In the case of competing claims, the conflict must
be resolved by the claimants prior to a claim being deemed complete.
Stat. Auth.: ORS 98.302 - 98.436
& 273.045
Stats. Implemented: ORS 98
Hist.: LB 2-1995, f. & cert.
ef. 6-15-95; DSL 12-1999, f. & cert. ef. 4-5-99; DSL 8-2002, f. 12-24-02
cert. ef. 1-1-03; DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 7-2008, f.
12-10-08, cert. ef. 1-1-09; DSL 2-2010, f. 12-13-10, cert. ef. 1-1-11
141-040-0213
Claims Submitted on Behalf of
Business Entity or Governmental Entity; Proof of Authority
(1) When a claim is submitted by an employee of a
business or governmental entity, the employee shall provide an original
statement on the letterhead of the entity executed by an individual authorized
to bind the entity, such as an officer of the corporation, the director of a
state agency, county executive, or city manager, managing member of the limited
liability company, or partner of a partnership, that recites the authority of
the individual to bind the entity, and that authorizes the employee to submit a
claim on behalf of the entity.
(2) When a claim is submitted by an agent on behalf of
a business or governmental entity, in addition to the documentation required of
all other claimants under OAR 141-040-0211, the agent must provide:
(a) An original power of attorney that authorizes the
agent to submit a claim on behalf of the entity that is executed by an
individual authorized to bind the entity, such as an officer of the
corporation, director of a state agency, county executive, or city manager,
managing member of the limited liability company, or partner of a partnership;
and
(b) An original statement on the letterhead of the
entity executed by an individual authorized to bind the entity, such as an
officer of the corporation, the director of a state agency, county executive,
or city manager, managing member of the limited liability company, or partner
of a partnership, that recites the authority of the individual to bind the
entity, and that acknowledges that the individual has executed a power of
attorney authorizing the agent to submit a claim on behalf of the entity. The
statement must include the name and address of the agent and direction to the
Department for payment of any property determined to be due to the entity. If
payment is to be made to the agent, the agent must also provide his/her federal
tax identification number.
(3) Department staff will not discuss any claim or
inquiry with an agent or employee of an entity until the agent or employee has
provided to the Department the documentation required in subsection (1) or (2)
of this section as the case may be.
(4) When a claim is filed on behalf of a dissolved
business entity, in addition to the information required by subsection (1) and
(2) above, the person submitting the claim must provide:
(a) A copy of the articles of dissolution if the entity
is a corporation or limited liability company; or
(b) A copy of the partnership agreement or other
agreement between the partners describing how partnership assets are to be
distributed if the entity is a partnership.
(5) When a claim is filed on behalf of an individual
but the claim concerns unclaimed property held for the benefit of a business
under an assumed business name or “doing business as”, in addition to the
documentation required of all other claimants under OAR 141-040-0211, the
claimant must provide documentation establishing claimant’s ownership of the
business, such as tax statements or business license. All warrants issued by
the Department in such claims shall be made payable to the claimant “doing
business as” the name of the assumed business name.
(6) When a claim is filed on behalf of a business
entity in bankruptcy, in addition to the documentation required of all other
claimants under OAR 141-040-0211, the claimant must provide:
(a) A copy of the order appointing the bankruptcy
trustee; and
(b) If the claim is being filed by an agent, an
original power of attorney that authorizes the agent to submit a claim on
behalf of the trustee in bankruptcy or on behalf of the person or entity
authorized by the bankruptcy court to make a claim on behalf of the bankruptcy
estate.
(7) When a claim is filed on behalf of a business
entity formerly in bankruptcy where the entitlement to the unclaimed property
arose before commencement of the bankruptcy, in addition to the documentation
required of all other claimants under OAR 141-040-0211, the claimant must
provide:
(a) A copy of the order of discharge or other order
establishing that the bankruptcy trustee abandoned the bankruptcy estate’s
interest in the unclaimed property; and
(b) If the claim is being filed by an agent, the agent
must also comply with the requirements of OAR 141-040-0213(2), above.
(8) If the Department receives claims filed by two or
more individuals on behalf of the same business or governmental entity, the
Department will notify the entity in writing. The notice shall identify the
names and addresses of the individuals who submitted the claims and shall
request that the entity designate the authorized individual. The Department
shall not process either claim unless and until the Department receives written
authorization from the entity.
Stat. Auth.: ORS 98.302 - 98.436
& 273.045
Stats. Implemented: ORS 98
Hist.: DSL 7-2008, f. 12-10-08,
cert. ef. 1-1-09; DSL 2-2010, f. 12-13-10, cert. ef. 1-1-11
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.
(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 through 141-040-0220 (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 more than $5000,
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.
Stat. Auth.: ORS 98.302 - 98.436
& 273.045
Stats. Implemented: ORS 98
Hist.: LB 2-1995, f. & cert.
ef. 6-15-95; DSL 12-1999, f. & cert. ef. 4-5-99; DSL 8-2002, f. 12-24-02
cert. ef. 1-1-03; DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 7-2008, f.
12-10-08, cert. ef. 1-1-09; DSL 2-2010, f. 12-13-10, cert. ef. 1-1-11
141-040-0220
Claim Denial/Closure
(1) If the Department requests additional information
from the claimant to substantiate a claim, and there is no response from the
claimant within 90 days of the request, the Department may close the file.
(2) If the Department is unable to determine legal
entitlement from the evidence submitted and any supporting documentation
received or provided by supplemental filings, the Department shall give written
notice of denial.
(a) The notice of denial shall include the specific
reason for denial and shall include a notice of an opportunity for a contested
case hearing.
(b) Within 60 days after the date of written notice of
denial provided under paragraph (a) of this subsection, the claimant may
request a contested case hearing on the matter.
(c) A request for a contested case hearing shall be in
writing and shall identify issues of law or fact raised by the denial and
include a summary of the evidence of ownership on which the claim was
originally submitted.
(d) Within 30 days after the Department receives a
request for a contested case hearing submitted under paragraph (c) of this
section, the Department shall contact the claimant to schedule a hearing date
by mutual agreement. The Department shall confirm the hearing date by written
notice to the claimant.
(e) The contested case hearing shall be conducted by a
hearings officer appointed by the Director.
(f) Additional evidence shall not be admissible at the
hearing, except by mutual consent of the hearing’s officer, the claimant and
any other parties to the proceeding. If such additional evidence is not
admitted, the hearings officer shall terminate the hearing and allow the
claimant to resubmit the claim with the new evidence.
Stat. Auth.: ORS 98.302 - 98.436
& 273.045
Stats. Implemented: ORS 98
Hist.: LB 27, f. 8-28-75, ef.
9-25-75; LB 36, f. & ef. 9-1-76; LB 5-1987, f. & ef. 8-18-87; LB
2-1995, f. & cert. ef. 6-15-95; DSL 12-1999, f. & cert. ef. 4-5-99; DSL
8-2002, f. 12-24-02 cert. ef. 1-1-03; DSL 3-2003, f. 12-15-03, cert. ef.
1-1-04; DSL 2-2010, f. 12-13-10, cert. ef. 1-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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