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Oregon Bulletin

February 1, 2014

Department of State Lands, Chapter 141

Rule Caption: Clarify, streamline, and simplify Estates and Unclaimed Property reporting and claims procedures

Adm. Order No.: DSL 1-2014

Filed with Sec. of State: 1-13-2014

Certified to be Effective: 2-1-14

Notice Publication Date: 12-1-2013

Rules Amended: 141-030-0015, 141-030-0025, 141-030-0037, 141-035-0012, 141-035-0013, 141-035-0016, 141-035-0018, 141-035-0020, 141-035-0025, 141-035-0030, 141-035-0035, 141-035-0040, 141-035-0045, 141-035-0047, 141-035-0048, 141-035-0050, 141-035-0065, 141-035-0068, 141-040-0020, 141-040-0214, 141-045-0010, 141-045-0031, 141-045-0041, 141-045-0061, 141-045-0100

Rules Repealed: 141-030-0036, 141-035-0015

Subject: The revised rules repeal all references to institutional escheat property which was no longer reportable to the Department when ORS 179.540 was repealed in 1997, and all such property currently being held has been held for more than 10 years and is no longer available for claim. Other sections of the rules are revised to reflect the current statutory authority and/or remove authority that has been repealed.

   The revised rules clarify the types of abandoned tangible personal property that are not considered reportable as unclaimed. The revisions provide specific exclusions for willful abandonment of things such as automobiles, furniture, household goods, used clothing, and hazardous materials.

   The agency and its stakeholders have been able to achieve efficiencies in administration of and compliance with program requirements by advances in technology. The rules have been revised to reflect the increased use of technology and electronic reporting and record keeping.

   The Division 35 rules were last revised in December 2003. The majority of the revisions are intended to provide clarity and improve the readability of the rules.

Rules Coordinator: Tiana Teeters—(503) 986-5239

141-030-0015

Definitions

As used in this division and division 35 of these rules:

(1) “Administration” means any proceeding relating to the estate of a decedent, whether the decedent died testate, intestate or partially intestate.

(2) “Affiant” means the person or persons signing an affidavit for a small estate filed under ORS 114.515.

(3) “Agent” means a person who is filing a petition to recover escheat property on behalf of a claimant.

(4) “Assets” includes real, personal and intangible property.

(5) “Claim” includes liabilities of a decedent, whether arising in contract, in tort or otherwise.

(6) “Claimant” means a person or entity claiming to be the rightful owner and legally entitled to escheat property held by the Department.

(7) “Claiming Successor” means:

(a) If the decedent died intestate, the heir or heirs of the decedent, or if there is no heir, the Director of the Department of State Lands;

(b) If the decedent died testate, the devisee or devisees of the decedent; and

(c) Any creditor of the estate entitled to payment or reimbursement from the estate under ORS 114.545(1)(c) who has not been paid or reimbursed the full amount owed such creditor within 60 days after the date of the decedent’s death.

(8) “Court” or “probate court” means the court in which jurisdiction of probate matters, causes and proceeding is vested as provided in ORS 111.075.

(9) “Decedent” means a person who has died.

(10) “Department” means the Department of State Lands.

(11) “Devisee” includes “legatee” and “beneficiary”.

(12) “Director” means the Director of the Department of State Lands or the designee of the director.

(13) “Distributee” means a person entitled to any property of a decedent under the will of the decedent or under intestate succession.

(14) “Escheat property” means property paid or delivered to the Department because the devisee or heir could not be found, or refused to accept the property.

(15) “Estate” means the real and personal property of a decedent as from time to time changed in form by sale, reinvestment or otherwise, and augmented by any accretions or additions thereto and substitutions therefore or diminished by any decreases and distributions therefrom.

(16) “Estate Administrator” means an employee of the Department appointed by the Director to protect the assets of a decedent, and administer the estate on behalf of the Department.

(17) “Finder” means any person who independently searches for and finds the owners of escheat property for a fee paid by the owner.

(18) “Funeral” includes burial, cremation or other disposition of the remains of a decedent, including the plot or tomb and other necessary incidents to the disposition of the remains.

(19) “Heir” means any person, including the surviving spouse, who is entitled under intestate succession to the property of a decedent who died wholly or partially intestate.

(20) “Interested person” includes heirs, devisees, children, spouses, creditors and any others having a property right or claim against the estate of a decedent that may be affected by the proceeding. It also includes fiduciaries representing interested persons.

(21) “Intestate” means one who dies without leaving a valid will, or the circumstance of dying without leaving a valid will, effectively disposing of all the estate.

(22) “Intestate succession” means succession to property of a decedent who dies intestate or partially intestate.

(23) “Issue” includes adopted children and their issue and, when used to refer to persons who take by intestate succession, includes all lineal descendants, except those who are the lineal descendants of living lineal descendants.

(24) “Known heir” means an heir who has been identified and found.

(25) “Personal property” includes all property other than real property.

(26) “Personal Representative” includes executor, administrator, administrator with will annexed and administrator de bonis non, but does not include special administrator.

(27) “Property” means both real and personal property.

(28) “Probate” means the court procedure that encompasses all matters and proceedings pertaining to administration of estates as described in ORS 111.085, including but not limited to appointment and qualification of personal representatives, determination of heirships, construction of wills, and the administration, settlement and distribution of estates of decedents. As to the estate of a decedent, “settlement” includes, the full process of administration, distribution and closing.

(29) “Real property” means all legal and equitable interests in land, in fee and for life.

(30) “Testate” means the circumstances of dying with a legal, valid will that effectively disposes of all the estate.

(31) “Will” means the legal, valid, written document that disposes of the estate. “Will” includes a codicil or a testamentary instrument that merely appoints an executor or that merely revokes or revives another will.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 31, f. & cert. ef. 10-3-75; LB 5-1996, f. & cert. ef. 10-15-96; DSL 10-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-030-0025

Petitions to Recover Estate Property

(1) Pursuant to ORS 116.253, a claimant or agent may initiate a claim to recover escheat estate property by filing a petition with the Department within the later of 10 years after the death of a decedent from whose estate the Department received the property, or eight years after the entry of a decree or order escheating the property to the state.

(2) A petition shall be considered filed upon its receipt by the Department.

(3) The petition shall provide all information required under subsections (4) and (5) of this rule. The petition shall be verified and state the following:

(a) The name, age, and place of residence of the claimant by whom or on whose behalf the petition is filed.

(b) That the claimant is lawfully entitled to the property or proceeds, and a brief description of the property or proceeds.

(c) That at the time the property escheated to the state, the claimant had no knowledge or notice thereof or was unable to prove entitlement to the escheated property and has subsequently acquired new evidence of that entitlement.

(d) That the claimant claims the property or proceeds as:

(A) (For escheat of an estate) An heir or as the personal representative of the estate of an heir.

(B) (For escheat of a distributive share of an estate) The person who was entitled to receive the distributive share or that person’s personal representative.

(e) That 10 years have not elapsed since the death of the decedent from whose estate the Department received the property, or that eight years have not elapsed since the entry of the decree or order escheating the property to the state.

(f) If the petition is filed on behalf of the claimant, the identity and authority of the claimant’s agent.

(4) The petition to recover estates and distributive shares shall be supported by the following documents:

(a) Current photo identification of the claimant, or other satisfactory proof of identity.

(b) An acknowledged indemnification agreement signed by the claimant(s) and acceptable to the Department.

(c) If the petition is being filed by an agent for a claimant, a Power of Attorney or written, acknowledged authorization given by each claimant to the agent to act on behalf of the claimant. The original Power of Attorney or authorization shall be filed with the petition. A finder who is acting as an agent for a claimant shall be licensed and comply with the requirements of ORS 703.401 to 703.470. The finder shall forward a copy of the finder’s current license issued by the Department of Public Safety Standards and Training with the initial Power of Attorney. Subsequent claims filed by a finder shall include the current license number on the Power of Attorney.

(d) If the property was paid or delivered to the Department because a decedent died intestate with no known heirs, a genealogical chart showing the relationship of all heirs of the decedent. If the line has lapsed, a statement shall be included that no issue exists and proof that the line lapsed by death. If persons in a line have not been identified or found, the statement shall include information on the efforts made to identify and find the persons in that line and all known information on that line.

(e) If the property was paid or delivered to the Department because a decedent died intestate with no known heirs, certified copies of birth, death, and/or marriage certificates, that show the family relationships of the heirs to the decedent.

(5) In addition to the documents required by subsection (4) of this rule, a petition may also include the following records to verify and establish the relationship of the heirs to the decedent:

(a) Bureau of Census Records;

(b) Published obituaries and funeral Notices;

(c) Wills of deceased family members, which show the relationship of heirs to each other;

(d) Church records showing birth, death, baptism, or marriages;

(e) Applications for Social Security cards, naturalization records, employee pension plans or any records containing the signature of the applicant/claimant and listing any designated beneficiaries, other family members or parents;

(f) Court records and duly authenticated records of proceedings conducted before domestic and foreign courts to show the heirs of the decedent and the entitlement of the claimant to the escheat funds.

(6) Copies of documents submitted to support a petition shall be certified by the custodian of the original document or shall include an appropriate reference to the source at which they may be verified.

(7) 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 application.

(8) In order to assist the Department in determining the rightful owner of an account, a claimant may voluntarily include the claimant’s Social Security number on the petition.

(9) For the purposes of this rule, the death of the decedent is presumed to have occurred on the date shown in the decedent’s death certificate or in any other similar document issued by the jurisdiction in which the death occurred or issued by an agency of the federal government.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 31, f. & ef. 10-3-75; LB 5-1996, f. & cert. ef. 10-15-96; DSL 10-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-030-0037

Review by the Department

(1) The Department shall review the petition and the sufficiency of the supporting documents. If a preponderance of the evidence indicates that the claimant is legally entitled to the property, the Department shall satisfy charges due, if any, to the Department of Human Resources, and prepare the necessary administrative deeds and assignment of contracts for property that is part of the estate. The Department may require the Department of Justice to review the petition or claim and supporting documents.

(2) Upon completion of the requirements of subsection (1) of this section, the Department shall request a warrant from the State Treasurer and make payment to the claimant, agent, or attorney for the claimant.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 5-1996, f. & cert. ef. 10-15-96; DSL 10-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0012

Authority of Department of State Lands in Administration of Estates

(1) In any estate administered by the Department pursuant to 141-035-0011, the Department may:

(a) Administer the estate under the probate laws of Oregon in accordance with ORS Chapters 113 to 116;

(b) Administer the estate under the provisions for small estates in ORS 114.505 to 114.560;

(c) Submit an affidavit and receive funds from a financial institution under ORS 708A.430;

(d) Submit an affidavit to examine the contents of a safe deposit box under ORS 708A.655, 722.660 or 723.844;

(e) Submit an affidavit and receive the withdrawal of value of property in accordance with ORS 722.262;

(f) Submit an affidavit and receive the moneys of the decedent on deposit with a credit union in accordance with ORS 723.466; or

(g) Deposit to the Common School Fund without formal proceedings assets of a decedent which are voluntarily delivered to the Department or secured by the Department in accordance with ORS 113.242. In such cases, the Department shall take reasonable steps under the circumstances to identify and notify heirs and to identify and pay from the assets received creditors of the estate.

(2) Except for expenses disallowed by the court with authority over the probate, any expenses of the Department in carrying out the authority set forth in subsection (1) of this rule shall be paid from the proceeds of the estate. Such expenses shall be calculated in the manner described in OAR 141-035-0068. The Department encourages personal representatives sending notices and documents required by statute to the Department to include a letter explaining the practical circumstances of the estate and such additional information as will assist the estate administrator in protecting the interest of the State of Oregon in the estate.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0013

Delivery of Information to Division

(1) Upon appointment, a personal representative shall deliver or mail to an estate administrator a copy of the petition filed under ORS 113.035, and a copy of any last will of the decedent, if the personal representative has not identified and found all heirs and devisees of the decedent. The personal representative shall file an affidavit in the probate proceeding proving the delivery or mailing.

(2) If, within 60 days after the appointment of a personal representative it appears that any heir or devisee of the decedent cannot be identified and found, the personal representative shall promptly deliver or mail to an estate administrator a notice indicating that an heir or devisee cannot be identified and found. The personal representative shall file an affidavit in the probate proceeding proving the delivery or mailing.

(3) A personal representative who files a report under ORS 116.203 that shows that payment or delivery of property cannot be made to a distributee entitled to the property shall provide to the Department of State Lands:

(a) A copy of the order of escheat;

(b) The property;

(c) The name of the person entitled to the property; and

(d) The relationship of the devisee or heir to the decedent.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0016

Notice to Department of Decedent Who Died Without Known Heirs

(1) Any person who has knowledge that a decedent died wholly intestate, that the decedent owned property subject to probate in Oregon and that the decedent died without a known heir shall give notice of the death within 48 hours after acquiring that knowledge to an estate administrator of the Department of State Lands.

(2) Except as provided by ORS 708A.430 and 723.466, a person may not dispose of or diminish any assets of the estate of a decedent who has died wholly intestate, who owned property subject to probate in Oregon and who died without a known heir unless the person has prior written approval of an estate administrator of the Department of State Lands. The prohibition of this subsection:

(a) Applies to a guardian or conservator for the decedent; and

(b) Does not apply to a personal representative appointed under ORS 113.085(3) or to an affiant authorized under 114.520 to file an affidavit under 114.515.

(3) For purposes of this rule, “person” includes, but is not limited to friends, neighbors, care centers, nursing homes, hospitals, banking institutions, attorneys, guardians and conservators.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0018

Taking Custody of Property; Payment of Expenses of Estate

(1) An estate administrator of the Department of State Lands may take custody of the property of a decedent who died owning property subject to probate in Oregon upon the estate administrator receiving notice that:

(a) The decedent died wholly intestate and without a known heir; or

(b) The decedent left a valid will, but no devisee has been identified and found.

(2) For any estate described in subsection (1) of this section, an estate administrator of the Department of State Lands may:

(a) Incur expenses for the funeral, burial or other disposition of the remains of the decedent in a manner suitable to the condition in life of the decedent;

(b) Incur expenses for the protection of the property of the estate;

(c) Incur expenses searching for a will or for heirs or devisees of the decedent;

(d) Have access to the property and records of the decedent other than records that are made confidential or privileged by statute;

(e) With proof of the death of the decedent, have access to all financial records of accounts or safe deposit boxes of the decedent at banks or other financial institutions; and

(f) Sell or dispose of perishable property of the estate.

(3) The reasonable funeral and administrative expenses of the Department of State Lands incurred under this section, including a reasonable attorney fee, shall be paid from the assets of the estate with the same priority as funeral and administration expenses under ORS 115.125.

(4) When the Department receives notice of a person who has died and for whom it appears there are no known heirs to inherit and no known will, the Estate Administrator shall complete an intake form, which shall include, but need not be limited to, the following information:

(a) Decedent’s name, address, Social Security number, date of death, place of death, and date of birth, if known;

(b) Notifier’s name, contact information, and relationship to the decedent;

(c) Funeral home where the body has been taken, name of the director or principal;

(d) The decedent’s place of residence, personal property, financial assets, and any other information determined to be pertinent;

(e) Names, addresses and phone numbers of friends and neighbors who can lend assistance in trying to establish identity of nearest of kin; and

(f) Any other information regarding relatives of the decedent, or that might assist in locating heirs.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0020

Initial Proceedings

(1) Pursuant to ORS 113.085(2), if it appears that the decedent died wholly intestate and without known heirs, the Court shall appoint the Department of State Lands as personal representative or small estates affiant. The Department of Justice shall represent the Department of State Lands in the administration of the estate.

(2) The court may appoint a person other than the Department of State Lands to administer the estate of a decedent who died wholly intestate and without known heirs if the person filing a petition under ORS 113.085(3) attaches written authorization from an estate administrator approving the filing of the petition by the person. Except as provided in subsection (3) of this rule, an estate administrator may consent to the appointment of another person to act as personal representative only if it appears after investigation that the estate is insolvent.

(3) Any person who wishes to petition the court for appointment as a personal representative for the estate of a decedent who died wholly intestate and without known heirs shall submit a written request to the Department. The estate administrator may authorize the appointment of another person to act as personal representative if:

(a) After investigation, the estate administrator determines the estate is insolvent; or

(b) The estate administrator determines that the appointment is the most cost-effective method to administer the estate and protect the assets of the estate.

(4) A creditor of an estate shall give written notice to the Department informing the Director that the creditor intends to file a Small Estates Affidavit. The Department shall investigate the assets and liabilities of the estate, and within 30 days after receipt of the notice, either:

(a) Give written authorization to the creditor to file the Small Estates Affidavit; or

(b) Inform the creditor that the Department will file a Small Estates Affidavit, and include the creditor as an interested person.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0025

Funeral Arrangements

(1) If the body is delivered to a funeral home and it appears the decedent has died intestate and without known heirs, the funeral director shall contact the Estate Administrator within two working days after receipt of the body. The Department must approve all funeral arrangements.

(2) Either the funeral director or the Estate Administrator, after consultation with the funeral director, shall complete applications for Social Security, Veterans Administration, and other available death benefits.

(3) The Estate Administrator and the funeral director shall negotiate appropriate funeral charges and disposition of the remains pursuant to ORS 113.242(2).

(4) In determining the nature and amount of services to be rendered for a “plain and decent funeral,” the Estate Administrator shall consider the amount of assets available in the estate, the expressed desires of the decedent’s friends and associates concerning appropriate funeral services, the number of persons expected to attend any funeral services offered, and the prominence of the decedent in the local community.

(5) Burial and cemetery costs are considered separate from funeral costs and the amount payable is contingent upon the amount of funds available in the estate. The funeral director shall notify the Estate Administrator of the proposed cemetery and the cost estimate for burial expenses. Expenses are limited to the available resources in the estate.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0030

Assessment of Assets

(1) As soon as possible but not more than five working days after the Department receives notification under OAR 141-035-0016(1) or 141-035-0025, the Estate Administrator may travel to the decedent’s residence to:

(a) Inventory, evaluate, and determine best method of liquidation of tangible assets.

(b) Gather and secure all pertinent papers and records of the decedent to provide a source of information that may be reviewed to determine whether a will exists, and whether there are existing heirs as defined in ORS Chapter 111, and 112.015 to 112.055, 112.065, 112.075, 112.095, 112.105 and 112.115.

(2) If the search of the residence does not produce evidence of a will or heirs, the Estate Administrator shall:

(a) Contact local banks, savings and loan associations, credit unions, and other financial institutions to freeze accounts pending delivery of appropriate documents to withdraw the accounts and to obtain balances of accounts and information regarding safe deposit boxes.

(b) Contact utilities, delivery services, and postal authorities to forward billings and statements to the Department and to arrange for the termination of services if in the best interest of the estate to protect the property.

(3) The Estate Administrator may request assistance from available law enforcement personnel to provide for the security of real property, personal property, and household goods.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0035

Inventory

(1) Within five working days after verifying that the decedent apparently has no legal will, nor known heirs, the Estate Administrator shall compile an inventory of the decedent’s assets.

(2) The Estate staff shall assign an estimated value to the inventory. The value of investment-type assets shall be recorded at the value of the asset as of the date of death.

(3) Any items with commercial value will be itemized on the inventory.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0040

Administration of the Estate

(1) If the value of the estate does not exceed the amounts stated in ORS 114.515 for a Small Estates Affidavit, the Department as a claiming successor of the decedent may file an affidavit for a proceeding with the appropriate court as described in ORS 114.505 to 114.560. If the value of the estate exceeds the limits authorized under the procedure for a Small Estate, the Estate Administrator shall file a petition with the appropriate court to be appointed personal representative and administer the estate according to ORS 111.005 through 117.095.

(2) The Estate Administrator may pay funeral and cemetery costs as soon as the Estate Administrator determines that enough funds will remain to pay administrative costs.

(3) A formal claim against the estate may be allowed, contingent on the validity of the claim. If it appears there are insufficient funds to pay all claims in full, the Estate Administrator shall follow the order of payment of expenses and claims as set forth in ORS 115.125.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 3-1982, f. & ef. 6-10-82; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0045

Search for Heirs

(1) The Estate Administrator shall conduct a search of records to locate any heirs that may have a legal right to inherit. The search may include but not be limited to the following:

(a) Papers, records, albums, newspaper clippings, letters, personal telephone books, etc., included in the personal effects of the decedent;

(b) Friends and neighbors;

(c) Employee unions, businesses or places of employment, retirement funds, insurance companies or any other association of which the decedent may have been a member;

(d) Banks, credit unions and other financial institutions, savings and loan associations, mortgage and investment funds with which the decedent may have conducted financial affairs;

(e) Public agencies;

(f) Paid genealogists or other heir searching method.

(2) If the Estate Administrator finds a valid will before filing a full probate or Small Estates Affidavit, the Estate Administrator shall immediately contact the personal representative named in the will. If the Estate Administrator cannot locate the personal representative, the Estate Administrator shall notify the primary beneficiary. The Department shall then make arrangements to turn over all assets, less the Department’s administrative costs to the appropriate individual upon proof of identity.

(3) The Department’s probate file is a public record under Oregon’s public meetings and records laws. The Department file may contain privileged and/or protected information subject to being withheld. Researching firms or heir finders must make an appointment with the Estate Administrator to view the Department files after the Department has filed the records with the probate court.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0047

When Heirs Are Discovered

(1) A person claiming to be an heir of the decedent during the administration of a full probate or Small Estates Affidavit must submit to the Estate Administrator acceptable proof to substantiate kinship to the decedent. Acceptable proof includes, but is not limited to, certified copies of death and birth certificates, genealogical search records, obituaries, funeral notices, Baptism records, and family Bibles. The Department may continue to administer the estate until the Estate Administrator determines that evidence submitted is sufficient to prove that the person is legally entitled to the decedent’s assets. If other heirs are identified but not located, the Department may continue to administer the estate in order to protect the interest of the missing heirs and the Common School Fund, or if administration of the probate is substantially complete and the Estate Administrator and the known heirs agree that it is in the best interests of the estate for the Department to complete the administration.

(2) If the Department has filed a probate, and all heirs are subsequently identified and found, the heir shall file a substitution of personal representative with the probate court, and a court certified copy of the order of substitution with the Department.

(3) If the administration is by a Small Estates Affidavit, the heir shall file an amended Small Estates Affidavit with the court, which shows that the heir is taking over control and responsibility of the estate from the Department, and submit a court certified copy to the Department.

(4) Upon receipt of the court certified copy of the amended Small Estates Affidavit or the order of substitution of Personal Representative, the Estate Administrator shall turn over the assets, less the Department’s administrative costs and attorney fees, to the claiming successor or successor Personal Representative, including all bills and claims against the estate.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0048

Disclaimer Of Interest In Estate

(1) In accordance with ORS 105.623 to 105.649, any heir or devisee to an estate may disclaim all interest in an estate by delivering the disclaimer to the Department as personal representative of the estate, or if the Department is not serving at the time the disclaimer is made, by delivering the disclaimer:

(a) If a personal representative other than the Department is presently serving, to that personal representative; or

(b) If a personal representative is not serving at the time the disclaimer is made the disclaimer must be filed with a court having jurisdiction to appoint the personal representative.

(2) Upon notification to the Department of any heir or devisee who refuses to act as personal representative of the estate of a decedent, and who refuses an interest in the estate, the Department may forward a disclaimer to the person disclaiming.

(3) The disclaimer shall:

(a) Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form;

(b) Declare that the person disclaims the interest in the property or in the power of appointment;

(c) Describe the interest in property or power over property that is disclaimed;

(d) Be signed by the person making the disclaimer; and

(e) Be delivered in the manner provided in ORS 105.642.

(4) Upon receipt of the properly executed disclaimer by the Department, the decedent shall be treated as though he or she died wholly intestate and without heirs with respect to the disclaimant, and the Estate Administrator shall petition the court to be appointed as personal representative or Small Estates Affiant to administer the estate in the usual manner.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0050

Sale of Real Property and Personal Effects

When serving as affiant or personal representative for an estate, the Department shall sell those items determined to have significant commercial value and dispose of the items with little or no value in accordance with OAR 141-045-0185.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0065

Closing the Estate and Escheat of Assets

(1) The Department shall make every effort to close full estates admitted to probate within one year after the court appointment date. If the full probate cannot be closed within one year the Estate Administrator shall file an annual accounting with the appropriate probate court.

(2) Prior to closing, the Estate Administrator shall compute the administrative and Department of Justice expenses. If the estate was admitted to full probate, fees shall be computed in accordance with ORS 116.173. The Estate Administrator shall compute administrative expenses of the Department in the manner described in OAR 141-350-0068. In addition, extraordinary expenses such as special trips by the Estate Administrator, additional manpower required to inventory, transport or dispose of personal property shall be computed and included as administrative expenses in the final account submitted to the court.

(3) If the estate was filed under the Small Estates procedure, the Estate Administrator shall:

(a) Complete administration and processing of claims and expenses immediately after the end of the four month period after the affidavit is filed with the probate court; and

(b) Compute administrative and legal expenses as actual costs incurred in accordance with ORS 116.183. The Estate Administrator shall compute administrative expenses of the Department in the manner described in OAR 141-350-0068.

(4) The amount remaining after payment of expenses shall be placed in a trust fund of the Department and held for ten (10) years after the date of death or eight (8) years after of the date entry of the judgment or order of escheat. If heirs claim the estate during that period, Department shall apply the procedures of OAR 141-030-0025 and ORS 116.253. If an heir does not file a petition for recovery within the time period, the Department shall deposit the total amount credited to the estate subsidiary account in the Common School Fund.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: LB 4-1980, f. & ef. 10-29-80; LB 5-1989, f. & cert. ef. 11-2-89; DSL 11-1999, 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-035-0068

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 and 114, a small estate proceeding under 114.505 to 114.560, actions to recover the escheated portion of an estate under 116.203, investigation or recovery of assets under 708A.430, 708A.655, 722.262, 722.660, 723.466 or 723.844 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.

Stat. Auth.: ORS 273.045 & 111 - 119

Stats. Implemented: ORS 111 - 119

Hist.: DSL 3-2003, f. 12-15-03, cert. ef. 1-1-04; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-040-0020

Definitions

As used in OAR 141-040-0010 to 141-040-0220:

(1) “Agent” means a person who is filing a claim to recover unclaimed property on behalf of a claimant.

(2) “Claimant” means a person or entity claiming to be the rightful owner, or a person claiming to be legally authorized to act on behalf of a person or entity claiming to be the rightful owner, and claiming to be legally entitled to unclaimed property held by the Department.

(3) “Department” means the Department of State Lands.

(4) “Entity” includes a domestic or foreign limited liability company, corporation, professional corporation, foreign corporation, domestic or foreign nonprofit corporation, domestic or foreign cooperative corporation, profit or nonprofit unincorporated association, business trust, domestic or foreign general or limited partnership, or trust.

(5) “Escheat property” means property paid or delivered to the Department because the distributee, devisee, or heir could not be found, or refused to accept the property.

(6) “Finder” means any person who independently searches for and finds the owners of unclaimed or escheat property for a fee paid by the owner.

(7) “Finder’s Report of Unclaimed or Escheat Property” means a report that lists the names of owners of unclaimed or escheat property in the custody of the Department, and may include additional information that would assist in finding the owners.

(8) “Governmental Entity” means the federal government, the state, any agency or political subdivision of the state or federal government, or any unit of local government.

(9) “Holder” means a person, wherever organized or domiciled, who is in possession of property belonging to another, a trustee or indebted to another on an obligation.

(10) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in case of other intangible property, or a person, or the person’s legal representative, having a legal or equitable interest in property.

(11) “Unclaimed Property” means any asset that is paid or delivered to the Department pursuant to ORS 98.352 because the owner cannot be found by the company or person holding the asset.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 2-1989, f. 5-19-89, cert. ef. 6-1-89; 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 1-2014, f. 1-13-14, cert. ef. 2-1-14

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 $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.

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; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-045-0010

Definitions

(1) “Capital Gain” means gain or profit realized on the sale or exchange of a capital asset, or the excess of proceeds over cost, or other basis, from the sale of a capital asset.

(2) “Credit Memorandum” or “Credit Memo” means a transaction posted to a customer account which reduced the account balance and is related to a previously posted invoice or charge, correcting and reducing the amount originally charged.

(3) “Department” means the Department of State Lands.

(4) “Dividend” means cash which accrues by the earnings of a company and which is paid to the owner of securities issued by that company.

(5) “Dividend Reinvestment Plan” means additional securities of the same company which are credited to an owner’s account in lieu of cash.

(6) “Dormant” means without owner generated activity or owner contact for a prescribed time.

(7) “Due Diligence” means the degree of effort required by statute that holders of unclaimed property must take to find the rightful owner of property before the property is remitted to the state.

(8) “Financial Institution” means a financial institution, or a trust company, as those terms are defined in ORS 706.008, a safe deposit company, a private banker, a savings and loan association, a building and loan association or an investment company.

(9) “Holder” means a person, wherever organized or domiciled, who is:

(a) In possession of property belonging to another;

(b) A trustee; or

(c) Indebted to another on an obligation.

(10) “Inactive” means a lack of owner generated activity or owner contact for a prescribed time.

(11) “Insurance Company” means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including, but not limited to, accident, burial, casualty, workers’ compensation, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance.

(12) “Intangible Property” includes but is not limited to:

(a) Credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, stored value card balances or similar electronically maintained credit balances except gift cards as defined in ORS 646A.274, and unidentified remittances;

(b) Stocks and other intangible ownership interests in business associations;

(c) Money deposited to redeem stock, bonds, coupons, and other securities, or to make distributions;

(d) Amounts due and payable under the terms of insurance policies;

(e) Amounts distributed from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits; and

(f) Money, checks, drafts, deposits, interest, dividends, and income.

(13) “Last-known Address” means a description of the location of the apparent owner sufficient for the purpose of delivery of mail.

(14) “Negative Report” means a report showing the holder had no inactive accounts or other unclaimed assets to report for a particular reporting period.

(15) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in case of other intangible property, or a person, or the person’s legal representative, having a legal or equitable interest in property.

(16) “Person” means an individual, business association, state or other governmental or political subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.

(17) “Positive Owner Contact” means documented contact between an owner and the holder; either generated or initiated by the owner or in response to the holder.

(18) “Property” includes tangible and intangible property.

(19) “Reportable” means the appropriate dormancy period as set forth in OAR 141-045-026 after which time an owner has not claimed his or her asset from a holding company, and the holder has taken appropriate steps to find the owner, as described in 141-045-0061.

(20) “Safekeeping Depository” means any leased or rented depository used as a deposit for safekeeping of tangible or intangible property.

(21) “Tangible Property” means:

(a) Property actually being held in a safekeeping depository and includes, but is not limited to:

(A) Contents of safe deposit boxes in financial organizations;

(B) Contents of safekeeping repositories located in hospitals, health-care facilities, motels, hotels, jewelry stores, department stores, professional offices, or any other site where the holder is acting as a safekeeping custodian for the rightful owner subject to the following exceptions:

(i) Used personal clothing or similar items with little or no commercial value

(ii) Items that are hazardous including, but not limited to: batteries, chemicals, explosives, medical waste, ammo, drugs or similar controlled substances.

(b) Property held for the owner by a court, state or other government, governmental subdivision or agency, law enforcement agency, public corporation or public authority (for instance unclaimed court exhibits) subject to the following exceptions:

(A) Used personal clothing or similar items with little or no commercial value

(B) Items that are hazardous including, but not limited to: batteries, chemicals, explosives, medical waste, ammo, drugs or similar controlled substances.

(22) “Third Party Administrator” is a person contracted by the holder to manage and process account records.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 2-1984, f. & ef. 3-13-84; LB 4-1991, f. & cert. ef. 6-21-91; LB 5-1994, f. & cert. ef. 10-20-94; DSL 13-1999, 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 8-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-045-0031

Examples of Unclaimed Property

(1) The following types of property that are unclaimed for three years without positive owner contact are presumed abandoned and are reportable to the Department:

(a) Any account deposited in a financial institution and any accrued interest and dividends;

(b) Any account including shares, dividends, deposit accounts, and interest held by credit unions as defined in ORS 723.006 that are due or standing in the name of a member, beneficiary or other person who cannot be contacted by first class mail at the last address shown on the records of the credit union;

(c) Any sums payable for which a financial institution is directly liable, including checks, drafts, cashier’s checks, certified checks, or similar instruments;

(d) Any stock, mutual fund, or other certificate of ownership, dividend, profit, distribution interest, payment on principal or other sum held or owing by a business association for a shareholder, certificate holder, member, bondholder or the actual instrument or book entry shares which shows ownership or interest in stocks, bonds, or mutual funds;

(e) Any certificate of deposit. If the account is in the form of a dividend reinvestment plan, the dormancy period shall begin at the first maturity date after the holder determines that the owner cannot be located;

(f) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated and has become due and payable as established from the records of the insurance company.

(g) Credit memos issued in the ordinary course of the holder’s business;

(h) Except as provided in OAR 141-045-0031(3)(c), unpaid wages, including commissions and wages represented by uncashed payroll checks owing in the ordinary course of the holder’s business;

(i) Any other disbursements generated during the ordinary course of the holder’s business; and

(j) All intangible personal property not otherwise covered by ORS 98.302 through 98.436 that is held or owing in the ordinary course of the holder’s business after it becomes due and payable.

(2) The following types of property that are unclaimed for two years without positive owner contact are presumed abandoned and are payable to the Department:

(a) A life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the insurance company, pursuant to ORS 98.314(3);

(b) All tangible and intangible property held in a safe deposit box or any other safekeeping depository in the ordinary course of the holder’s business after the lease or rental period has expired. This category of property does not include:

(A) Personal property that has been willfully abandoned by the owner, such as automobiles, furniture, household goods, or property covered by other statutes;

(B) Tangible property consisting of used personal clothing or household items with little or no commercial value or any hazardous materials.

(c) All intangible property held for the owner by any court, state or other government, governmental subdivision or agency, county fiscal officer, public corporation, public authority, quasi-governmental agency, public officer of this state, political subdivision of this state, or Public Employees’ Retirement System, except those with a court order prohibiting the withdrawal of same, including, but not limited to:

(A) Fines;

(B) Bail;

(C) Restitution;

(D) Child support;

(E) Condemnation payments;

(F) Judgment proceeds;

(G) Unclaimed municipal bonds and the interest thereon.

(d) All intangible personal property and any accrued interest held in a fiduciary capacity, including but not limited to property management security deposits, attorney trust accounts, escrow accounts, trust accounts and funds in an individual retirement account or a retirement plan or a similar account or plan established under the Internal Revenue laws of the United States if under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.

(e) Tangible property held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority; law enforcement agency, other than property seized by a removing authority as defined by ORS 98.245(1)(b). This category of property does not include:

(A) Personal property that has been willfully abandoned by the owner, such as automobiles, furniture, household goods, or property covered by other statutes;

(B) Tangible property consisting of used personal clothing or household items with little or no commercial value or any hazardous materials

(f) Property held by a dissolved cooperative.

(3) Funds in an individual retirement account or a retirement plan or a similar account or plan established according to the Internal Revenue laws of the United States of America are not payable or distributable within the meaning of OAR 141-045-0021(4)(f) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory or the holder has determined the account owner is deceased and is unable to distribute to the beneficiaries.

(4) The following types of property that are unclaimed for one year without positive owner contact are presumed abandoned and are reportable to the Department:

(a) Deposits made by a subscriber with a utility to secure payment or any sum paid in advance for utility services;

(b) Sums received for utility services which a utility has been ordered to refund;

(c) All unclaimed intangible personal property distributable in the course of a dissolution of a business association, or financial institution.

(5) Any sums payable on a money order or similar written instrument, other than a third party bank check that has been outstanding for more than seven years after its issuance is considered unclaimed and reportable to the Department.

(6) Any sum payable on a traveler’s check that has been outstanding for more than 15 years is considered unclaimed and reportable to the Department.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 4-1991, f. & cert. ef. 6-21-91; LB 5-1994, f. & cert. ef. 10-20-94; LB 2-1995, f. & cert. ef. 6-15-95; DSL 13-1999, 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 8-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-045-0041

Report Forms

(1) A holder shall submit reports electronically in a format prescribed by the Department.

(2) A holder may request permission to submit a hard copy report. The request must be in writing and include an explanation of the difficulty of filing electronically.

(3) The Department shall post on its website, electronic formatting requirements, and instructions. Any changes to electronic formatting requirements shall be posted at least one reporting cycle prior to the effective date.

(4) The Department may provide a separate reporting form to holders of any safekeeping repository, for a detailed listing of all contents and owners.

(5) The Department may, at its discretion, require holders to file negative reports.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 4-1991, f. & cert. ef. 6-21-91; LB 5-1994, f. & cert. ef. 10-20-94; DSL 13-1999, 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 8-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-045-0061

Actions Required of Holders Before Reporting

(1) As soon as it appears that an account with a value of $100 or more is inactive, but not less than 60 (sixty) days prior to filing the annual report, each holder shall exercise due diligence in making a reasonable, good faith effort to:

(a) Confirm that an account is in fact inactive;

(b) Notify the owner that the holder will report the account to the Department as unclaimed property: and

(c) Locate the owner.

(2) In exercising due diligence under subsection (1) of this section, a holder may:

(a) Verify that the owner has not communicated in writing with the holder concerning the asset;

(b) Verify that the owner has not otherwise indicated an interest in the asset as evidenced by a memorandum or other record on file prepared by an employee of the holder;

(c) Verify that the owner does not own other accounts in the holder’s organization about which the owner has communicated with the holder (for example, the Trust Department of a financial institution could contact other departments of that institution): or

(d) Where the account is that of a credit union member, verify that the member has participated in voting during a regularly scheduled credit union meeting.

(3) If a holder is unable to locate an owner, the holder may exercise due diligence under subsection (1) of this section by:

(a) Verifying that the owner is not a current employee of the holder;

(b) Reviewing telephone directories, or other available databases to verify address and telephone number;

(c) Verifying that the owner is not a well-known individual or organization (for example, Department of Treasury, IRS); or

(d) Any other effort the holder may take to find an owner.

(4) A holder shall retain records or documentation of its compliance with the requirements of this section for three years and make the records or documentation available for inspection by the Department upon request.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 4-1991, f. & cert. ef. 6-21-91; LB 5-1994, f. & cert. ef. 10-20-94; LB 6-1996, f. & cert. ef. 10-15-96; DSL 13-1999, 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 8-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14

141-045-0100

Report and Delivery of Unclaimed Property to Division

(1) Every person holding funds or other tangible or intangible property, presumed abandoned according to ORS 98.302 to 98.352 shall report and pay or deliver all such property to the Department, except that funds transferred to the General Fund by governmental agencies pursuant to ORS 293.455(1)(a) shall only be reported to the Department.

(2) Each holder shall be responsible for the content, accuracy, and timeliness of the holder’s report, regardless of whether the report is prepared by the holder or its agent. The holder shall designate a staff contact person responsible for the report.

(3) For accounts dormant as of June 30, the holder shall file the report after October 1, but not later than November 1.

(4) The Department may, at its discretion, postpone the reporting date, or allow early reporting and payment or delivery upon written request by any person required to file a report.

(5) A holder shall report property having a value of $50 or more per account or owner of record, individually, and shall include the following information, if known:

(a) The complete name, address of record, Social Security number, previous names, and any previous addresses of each listed owner; and

(b) The type of account, identification number, reference number, last activity or transaction date used to presume abandonment, and any specific description of the unclaimed property according to the records of the holder.

(6) If the holder believes it is more efficient, it may report a lump sum value, known as an aggregate, for the total of individual accounts $49.99 or less, except when the total amount held for any one owner of several small amounts equal or exceed $50 dollars. If owner detail is not submitted, the Department may request the holder to certify ownership when a potential claim exists for a portion of the lump sum reported.

(7) To assist the Department in returning funds to the owner of record, a holder may report the owner detail information required under subsection (5) of this rule for property having a value of $49.99 or less per account or owner of record but the Department may not require this action.

(8) In addition to the information required above, a life insurance company shall also report the following information, if known:

(a) The full name of each insured or annuitant, or if a class of beneficiaries is named, the full name of each current beneficiary in the class, and last known address according to the holder’s records;

(b) The address of each beneficiary; and

(c) The relationship of each beneficiary to the insured.

(9) A holder of safekeeping depositories shall comply with the following additional requirements:

(a) The holder shall complete the specific report form for safekeeping contents or include the required information in the holder’s computer-generated format and file the report, separate from the contents, no later than November 1.

(b) In addition to the information required in subsection (5) of this section, list each item left in a safekeeping depository, and the identity of the owner. The holder shall include information about the original box if the holder moved items to a safekeeping area.

(c) In accordance with directions from the Department, the holder shall deliver the package of safekeeping depository contents marked “to be delivered unopened,” to the Department by certified mail, return receipt requested or hand carried by a courier. The Department shall sign a receipt for the unopened package upon delivery to the Department, and forward the receipt to the holder within five working days.

(d) The holder shall clearly identify on the package the holder’s complete name and return address.

(e) With the exception of hazardous tangible property noted in OAR 141-045-0031(2)(b), the holder shall forward the complete contents of safekeeping depositories to the Department intact. The holder may not convert, substitute or exchange any coins and currency found in the box.

(f) The holder may include information about safekeeping depository costs in its report to the Department. When the owner files a claim for the property, the Department shall require the owner to furnish a paid receipt or waiver for these costs from the holder before the claim will be approved.

(10) Any holder, business association, transfer agent, registrar or other person acting on behalf of the holder of an intangible equity ownership interest deemed unclaimed according to ORS 98.322 shall, in addition to supplying the information required in OAR 141-045-0100(5) above:

(a) Report and transfer the shares directly to the Department’s designated stock broker or transfer agent via available electronic medium and include a confirmation of the transfer with the report.

(b) When an electronic method of transfer is not available the holder shall:

(A) Where the original certificate is being held by the holder for the owner (i.e., stock or other certificate of ownership of a business association which has been returned to the holder, who cannot find the owner), cancel that certificate and issue a replacement certificate of ownership to the Department; or

(B) When the holder does not hold the original certificate, issue a replacement certificate i.e., a duplicate certificate of ownership or other distribution or stock or other certificates of ownership of a business association issued in the name of the Department of State Lands as custodian of unclaimed property. The original certificate of ownership is presumed to be in the possession of the missing owner to the Department.

(c) In any case, the holder shall report and forward to the Department all outstanding accrued dividends, along with the certificate.

(11) In addition to supplying the information required in OAR 141-045-0100(5), a holder reporting mutual funds in book entry form shall:

(a) Transfer the account directly into the Department’s account at the Department’s designated broker dealer and forward a confirmation of account transfer to the Department along with the report; and

(b) Forward future income in the form of cash (for example, dividends, capital gains, etc.) payable to the Department from mutual fund accounts with dividend reinvestment plans.

(12) If the holder is a dissolved agricultural cooperative, the holder shall forward the original reports detailing unclaimed dissolved agricultural cooperative accounts to the Department along with the funds, and file a copy of the report with the State Board of Higher Education. The Department shall reconcile the report to the delivered funds, deduct the costs as provided for in ORS 62.720 and forward the funds to the State Board of Higher Education within 14 working days after receiving the funds.

(13) The receiver or other liquidating agent for a dissolved corporation shall prepare a report containing the names and last-known addresses of the persons entitled to such funds.

(14) Before October 1 each year, each state agency shall prepare a report of all checks, warrants, and orders drawn by it which have been outstanding for a period of more than two years prior to July 1, and that have not been paid by the State Treasurer. The report shall not include checks or orders that have already been paid pursuant to indemnity bonds. The agency shall forward the report to the Department before November 1.

(15) After October 1, the State Treasurer may refuse payment of the unpresented checks or orders included in the report, and upon instructions by the issuing agency shall:

(a) Transfer and credit the amounts of the unpresented checks or orders dedicated for general funding to the General Fund;

(b) Except for federal funds governed by federal laws and rules as provided in ORS 291.003 and 409.040(2), transfer all other funds to the Department; and

(c) Report information about any payment made to an owner subsequent to filing the report, but before transferring the funds to the Department.

(16) If the holder of the unclaimed account is a successor to other persons who previously held the property, or if the holder has had a name change, the holder shall include in the initial report prior known names and addresses of the original or previous holder.

Stat. Auth.: ORS 98.302 - 98.436 & 273.045

Stats. Implemented: ORS 98

Hist.: LB 4-1991, f. & cert. ef. 6-21-91; LB 5-1994, f. & cert. ef. 10-20-94; LB 6-1996, f. & cert. ef. 10-15-96; DSL 13-1999, 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 8-2008, f. 12-10-08, cert. ef. 1-1-09; DSL 1-2014, f. 1-13-14, cert. ef. 2-1-14


Rule Caption: Adopt new rules governing the management of remediation and restoration activities on state-owned land.

Adm. Order No.: DSL 2-2014

Filed with Sec. of State: 1-13-2014

Certified to be Effective: 2-1-14

Notice Publication Date: 12-1-2012

Rules Adopted: 141-145-0000, 141-145-0005, 141-145-0010, 141-145-0015, 141-145-0020, 141-145-0025, 141-145-0030, 141-145-0035, 141-145-0040, 141-145-0045, 141-145-0050, 141-145-0055, 141-145-0060, 141-145-0065, 141-145-0070, 141-145-0075, 141-145-0080, 141-145-0085, 141-145-0090

Subject: On December 14, 2010 the State Land Board directed the Department of State Lands to initiate rulemaking to develop new rules governing the processes to be used by the Department to authorize environmental remediation and/or restoration activities undertaken by, or pursuant to an order issued by DEQ or the EPA within the Portland Harbor Superfund Site and other locations throughout Oregon.

   The proposed rules define the administrative process by which the Department will authorize remedial actions on state-owned submerged and/or submersible lands. The Department will authorize these uses by issuing access authorizations, easements, and leases. The authorization type can vary depending on the time requested, type of remediation, and applicant preference. The proposed rules also define the administrative process by which conservation easements for habitat restoration will be issued.

   The Department convened a rulemaking advisory committee (RAC) to assist in the drafting of this rule. The RAC had seven all day meetings spanning from December of 2011 to September of 2012. The RAC discussed remediation and restoration issues; and provided comment, edits and proposed language for this rulemaking effort. At the September 6, 2012 meeting, the RAC voted unanimously that the draft rules were ready to move to the public comment phase.

Rules Coordinator: Tiana Teeters—(503) 986-5239

141-145-0000

Purpose and Applicability

(1) These rules:

(a) Govern the granting and renewal of access authorizations, leases, and easements issued to facilitate remediation conducted pursuant to an order issued by the Oregon Department of Environmental Quality (ODEQ) or the United States Environmental Protection Agency (EPA) and habitat restoration activities in, on, under or over state-owned submerged and submersible land including, but not limited to:

(A) Site monitoring;

(B) Site habitat restoration;

(C) Environmental dredging;

(D) Mitigation;

(E) Monitored natural recovery;

(F) Enhanced monitored natural recovery; and

(G) Construction and maintenance of a soil cap or sediment cap   

(b) Are to facilitate access needed for remediation and restoration of state-owned submerged and submersible lands and not to require any action that is contrary to or in conflict with any order, work plan, design, or other deliverable approved by the ODEQ or EPA, and do not apply to the granting of:

(A) Easements on state-owned submerged and submersible land governed by division 122 of the Department’s administrative rules;

(B) Authorizations for leases, licenses and registrations for structures on and uses of state-owned submerged and submersible lands governed by division 82 of the Department’s rules;

(C) Authorizations for special uses of state-owned submerged and submersible land such as to conduct site investigations and scientific experiments as governed by division 125 of the Department’s administrative rules;

(D) Land sale approvals governed by division 67 of the Department’s administrative rules.

(E) Any regulatory permits that may be required, including permits governed by division 85 of the Department’s administrative rules.

(F) Authorizations for uses and structures specifically governed by any other chapter of the Department’s administrative rules; and,

(G) Authorizations for uses other than removal, remediation, or restoration.

(c) Clarify that all uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules or other state law, require prior written authorization from the Department pursuant to these rules.

(2) The Director may determine other uses and structures similar to those specified in OAR 141-145-0015 that are subject to a specific authorization under these rules.

(3) An application submitted under these rules to remove royalty exempt material (as defined in ORS 274.550) does not require a sand and gravel authorization under division 14. Submitting an application for this activity under these rules satisfies the requirement that an application be submitted under division 14.

(4) Requirements of the Lower Willamette River Management Plan, OAR 141-080-0105, do not apply to authorizations issued under these rules.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0005

Definitions

As used in these rules:

(1) “Access Authorization” is a written authorization issued by the Department for a specific length of time determined by the Director that allows access to state land for remediation or habitat restoration activities.

(2) “Applicant” is any person applying for an authorization.

(3) “Appraised Value” means an estimate of current fair market value of property (not including improvements) in dollars per square foot derived by disinterested persons of suitable qualifications, for example, a licensed independent appraiser.

(4) “Assessed Value” means the current fair market value of the property (not including improvements) in dollars per square foot assigned to the land within the adjacent riparian tax lot or comparable tax lot by the county tax assessor.

(5) “Authorization” means an approval of a use of state land granted by the Department in its capacity as a landowner, including for purposes of these rules access authorizations, leases, and easements.

(6) “Authorized Area” is the area of state-owned land defined in the authorization for which a use is authorized.

(7) “Compensation” or “Compensatory Payment” is the amount of money, or something of equivalent value, paid or provided for an authorization to the Department for the use of state-owned land.

(8) “Conservation Easement” as defined in ORS 271.715(1), means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open space values of real property, ensuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

(9) “Department” means the Department of State Lands. The Department is the administrative arm of the State Land Board.

(10) “Director” means the Director of the Department of State Lands or designee.

(11) “Easement” is an authorization granted by the Department that gives a person the use of a specifically designated parcel of state-owned land for a specific purpose and length of time. An easement does not convey any proprietary or other rights of use to the holder other than those specifically granted in the easement authorization.

(12) “Enhanced Monitored Natural Recovery” combines natural recovery with engineering approaches such as installing flow control structures to encourage natural deposition, or the placement of a thin layer of additional clean sediment or additives to enhance sorption or chemical transformation.

(13) “Environmental Dredging” means the removal of contaminated sediments from a waterbody as part of a removal, remediation or habitat restoration project.

(14) “Fair Market Value” is the amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, and both having reasonable knowledge of the relevant facts concerning the property.

(15) “Habitat Restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural functions to the lost or degraded native habitat.

(16) “Holder” is the person who has been issued an authorization under these rules.

(17) “Lease” for the purposes of these rules, is a valid, enforceable contract executed by the Department and signed by the lessee allowing the use of a specific area of state-owned submerged and submersible land for a specific use under the terms and conditions of the lease and these rules.

(18) “Line of Ordinary High Water” as defined in ORS 274.005, means the line on the bank or shore to which the high water ordinarily rises annually in season.

(19) “Line of Ordinary Low Water” as defined in ORS 274.005, means the line on the bank or shore to which the low water ordinarily recedes annually in season.

(20) “Monitored Natural Recovery” is a remedy for contaminated sediment that uses ongoing, naturally occurring processes to contain, destroy, or reduce the bioavailability or toxicity of contaminants in sediment.

(21) “Mitigation” means compensating for the effect by creating, restoring, enhancing or preserving substitute functions and values for the waters of this state.

(22) “Natural Resource Damage Assessment” is a process by which a designated Natural Resources Trustee evaluates how natural resources were harmed over the time that an area has been contaminated and develops a restoration plan to compensate for those losses.

(23) “Not for Profit” refers to an association or group organized for purposes other than generating profit, such as an educational, charitable, scientific, or other organization qualifying under Section 501(c) of the Internal Revenue Code.

(24) “Permanent Easement” is a type of easement that is issued in perpetuity.

(25) “Permanent Structure” means a structure existing or intended to exist for an indefinite period.

(26) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies as well as any state or other governmental or political subdivision or agency, public corporation, public authority, not for profit organizations, or Indian Tribe.

(27) “Preference Right” means a riparian property owner’s statutory privilege, as found in ORS 274.040(1), to obtain a lease without advertisement or competitive bid for the state-owned submerged and submersible land that fronts and abuts the riparian owner’s property. The preference right does not apply to the renewal of an existing lease where the lessee is in compliance with all the terms and conditions of the lease. A person claiming the right of occupancy to submerged and submersible land under a conveyance recorded before January 1, 1981, has a preference right to the requested lease area.

(28) “Preference Right Holder” means the person holding the preference right to lease as defined in these rules and ORS 274.040(1).

(29) “Public Trust Use(s)” means those uses embodied in the Public Trust Doctrine under federal and state law including, but not limited to navigation, recreation, commerce and fisheries, and other uses that support, protect, and enhance those uses. Examples of Public Trust Uses include, but are not limited to, short term moorage, camping, bank fishing, picnicking, and boating.

(30) “Remediation” or “Remedial Action” as defined in ORS 465.200(23), means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment. “Remedial action” includes, but is not limited to:

(a) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.

(b) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.

(c) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

(31) “Removal” as defined in ORS 465.200(25), means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. “Removal” also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260.

(32) “Site Diminishment Impact” is a measure of the negative effect, including but not limited to use restrictions, of the applicant’s proposed use on public trust uses of the state-owned submerged and submersible lands. It is used in calculating the fair compensation that a holder will pay for the use of the authorized area.

(33) “Site Monitoring” means visiting a property on an established schedule to check compliance with an order or other agreement to complete remedial action or habitat restoration; or periodically visiting a property to determine compliance with the terms of a conservation easement. This includes the use of property and placement of structures not eligible for an authorization under Division 125.

(34) “Soil Cap” or “Sediment Cap” means the placement of capping material over contaminated material. The contaminated material remains permanently in place.

(35) “State Land” or “State-Owned Land” is land owned or managed by the Department or its agents and includes both Trust Land and Non-Trust Land.

(36) “State Land Board” means the constitutionally created body consisting of the Governor, Secretary of State, and State Treasurer that is responsible for managing the assets of the Common School Fund as well as for additional functions placed under its jurisdiction by law.

(37) “Structure” means anything placed, constructed, or erected on, in, under or over state-owned submerged and submersible land that is associated with a use that requires an authorization. A “structure” includes but is not limited to, a soil or sediment cap, moored dredge equipment, monitoring equipment, a ship, boat, vessel, or components of a restoration project.

(38) “Submerged Land” means land lying below the line of ordinary low water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

(39) “Submersible Land” means land lying above the line of ordinary low water and below the line of ordinary high water of all title navigable and tidally influenced water within the boundaries of the State of Oregon.

(40) “Use” means an activity on state-owned Trust and Non-Trust Land that requires an authorization under these rules.

(41) “Use Restriction” means a proposed activity that encumbers state land resulting in the limiting or restriction of one or more public trust uses.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0010

General Provisions

(1) All tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State Land Board and the Department, as the administrative arm of the State Land Board.

(2) The State Land Board, through the Department, has a constitutional responsibility to manage “the lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management” pursuant to Article 8, Section 5(2) of the Oregon Constitution. This responsibility requires that the Department receives fair compensation for the use or disposal of state-owned land managed by the Department.

(3) State-owned submerged and submersible land is managed to ensure the collective rights of the public, including riparian owners, to fully use and enjoy this resource for commerce, navigation, fishing, recreation and other public trust values. These rights are collectively referred to as “public trust rights.”

(4) No person is allowed to place a structure on, or make use of state-owned submerged and submersible land, regardless of the length of time the structure may have existed on, or the use may have occurred on the land, without the required authorization described in these rules, unless the structure or use is exempt from such authorization. Ownership of state-owned submerged and submersible land cannot be obtained by adverse possession regardless of the length of time the structure or use has been in existence.

(5) All uses of state-owned submerged and submersible land must conform to applicable local (including local comprehensive land use planning and zoning ordinance requirements), state and federal laws.

(6) No applicant or holder is allowed to request from any government agency a change in the zoning for, or approved uses of state-owned submerged and submersible land without first applying to, and receiving written approval from the Department.

(7) All references in these rules to “state-owned submerged and submersible land” include state-owned submerged lands or submersible lands or both.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0015

Types of Authorizations

(1) Access Authorization: Uses of state-owned submerged and submersible land for a term less than three (3) years, for purposes of, including but not limited to:

(a) Site monitoring;

(b) Habitat restoration;

(c) Environmental dredging;

(d) Monitored natural recovery; or

(e) Enhanced monitored natural recovery.

(2) Easement: Uses of state-owned submerged and submersible land for more than three (3) years including but not limited to:

(a) Construction and maintenance of permanent structures associated with removal or remedial activities. For the purposes of these rules, soil and sediment caps are considered a permanent structure.

(b) Site monitoring;

(c) Environmental dredging;

(d) Monitored natural recovery; or

(e) Enhanced monitored natural recovery

(3) Lease: Uses of state-owned submerged and submersible land including but not limited to construction and maintenance of a non-permanent structure or structures.

(4) Conservation Easement: Use of state-owned submerged and submersible land for which the applicant is seeking long-term use restrictions to protect its conservation value. Conservation easements may be issued in perpetuity or for a term of years.

(5) The Department may, at its discretion, authorize multiple uses by a holder under one authorization. The Department will evaluate the proposed project as a whole, and offer the authorization that accommodates the longer term use. For example, the Department may evaluate a project that includes environmental dredging for one year and monitored natural recovery for twenty years. In this example the Department would offer one easement, or lease, that would authorize both uses of state-owned submerged and submersible lands.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0020

Pre-Application Requirements

Prospective applicants for an easement, conservation easement, or lease shall meet with Department staff to discuss the proposed project and use before submitting an application to the Department. This meeting may be in person or through other means acceptable to the Department. The Department may invite other government entities and affected stakeholders to take part in a pre-application meeting.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0025

Application Requirements for an Access Authorization, Lease or Easement

(1) Any person wanting to use state-owned submerged and submersible land for a use that is subject to an access authorization, lease or easement must, using a form provided by the Department, apply for and obtain the required authorization prior to using the submerged and submersible land.

(2) An application for an access authorization should be submitted at least ninety (90) days before the requested issuance date.

(3) An application for an easement or lease should be submitted at least one hundred and twenty (120) days before the requested issuance date.

(4) The applicant for an easement or lease must have a survey of the requested area conducted by a registered professional land surveyor. The Department will provide survey instructions and specify the information required in the survey and accompanying notes. The application will not be deemed complete without the survey. The applicant is responsible for any costs of the survey.

(5) All applications for an access authorization must be fully completed and accompanied by a non-refundable application fee in the amount of $750, payable to the Department.

(6) All applications for an easement, conservation easement, or lease administered under these rules must be fully completed and accompanied by a non-refundable application fee in the amount of $1,250, payable to the Department.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0030

Access Authorization and Easement Application Review and Approval Process

(1) Upon receipt of an application to use state-owned submerged and submersible land, the Department will review it to determine if it is complete. If the application is complete and the use is subject to these rules, the application will be deemed accepted by the Department.

(2) If an application is determined by the Department to be incomplete, the Department will notify the applicant that the application is incomplete and provide a list of additional information required. If an incomplete application is resubmitted within 120 calendar days from the date the Department determined the application incomplete, no additional application fee will be assessed.

(3) The Department may reject an application for an authorization if:

(a) The applicant’s financial status or past business/management practices or experience indicates that it may not:

(A) Be able to fully meet the terms and conditions of the authorization offered by the Department; or

(B) Use the land for which authorization is sought in a way that meets the provisions of these rules.

(b) The applicant is not in compliance with the terms and conditions on any other authorization granted to them by the Department.

(4) Except as provided in OAR 141-145-0030(5), the Department will notify the appropriate city or county planning department, pertinent state and federal agencies, federally recognized tribal governments, ports and all lessees and adjacent riparian property owners (as available from the local county assessor’s office records) and other interested parties of the application and request review and comment. The Department may require the applicant to respond to comments where applicable.

(5) The Department may elect not to request review and comment on an application as provided in OAR 141-145-0030(4) if the use or structure:

(a) Has already received the necessary city or county approvals;

(b) Has been subjected to public comment during a prior circulation; and,

(c) Has not changed in terms of the size of the authorized area or use of that area since the time those approvals were given.

(6) Based on its evaluation of the application and the comments received, the Department will:

(a) Approve the application and move forward with the issuance of the requested authorization.

(b) Require that the applicant modify, and as deemed necessary by the Department, resubmit the application; or

(c) Deny the application.

(7) An applicant or an affected party who submitted a timely comment on the proposed project has the right to appeal a decision under the provisions of OAR 141-145-0090.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0035

Lease Application Review and Approval Process

(1) An application for a lease shall meet the provisions of OAR 141-145-0030.

(2) Pursuant to ORS 274.040, a preference right to lease state-owned submerged and submersible lands must be offered to the adjacent riparian property owner.

(3) If the preference right holder waives the preference right, the Department will put the lease out for competitive bid pursuant to the requirements of OAR 274.040.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0040

General Terms and Conditions

(1) The following terms and conditions apply for authorizations administered under these rules.

(a) Authorizations issued by the Department will be for the minimum area determined to be required for the requested use.

(b) The Department may grant additional authorizations which, as determined by the Department, do not substantially interfere with an authorized use administered under these rules.

(c) The Department will offer access authorizations for a term up to three (3) years.

(d) Unless otherwise approved by the Director, the Department will offer leases for a term up to fifteen (15) years.

(e) Unless otherwise approved by the Director, the Department will offer easements for a term up to thirty (30) years.

(f) The Department will, upon request of the applicant, grant permanent easements only for conservation purposes or as required by a regulatory order. Requests for permanent easements will be taken to the State Land Board for review and approval.

(g) An authorization granted by the Department under these rules will generally be to a specific person for a specific use, location, and term. The holder must apply to and obtain prior written approval from the Department as provided in OAR 141-145-0025 prior to:

(A) Changing the authorized use;

(B) Expanding the number of authorized developments or uses;

(C) Changing the authorized area; or

(D) Permitting other persons to utilize the authorized area for uses and developments requiring separate authorization by the Department.

(h) The Department or authorized representative(s) of the Department have the right to enter into and upon the authorized area at any time for the purposes of inspection or management.

(i) Except as provided in OAR 141-145-0050 or as otherwise provided in the authorization, the holder of an authorization must terminate all use, and at the Department’s discretion, remove any or all structures or uses placed within the authorized use area upon expiration or cancellation of the authorization. If the holder refuses to terminate its use or remove its structures, the Department may remove them and charge the holder for doing so.

(j) The holder must defend, indemnify and hold the State of Oregon, its boards, commissions, agencies, officers, employees, contractors and agents harmless from and against any and all claims, demands, actions, judgment, losses, damages, penalties, fines, costs and expenses (including expert witness fees and costs and attorney’s fees in any administrative proceeding, mediation, trial, or appeal) arising from or attributable, in whole or in part, to the use that is the subject to the authorization, including without limitation, any such claims or costs arising from a release of a hazardous substance as a result of the authorized activity, exacerbation of existing contamination or holder’s failure to comply fully with the authorization or any order or agreement under which holder is conducting its use. This requirement will survive termination or expiration of any authorization issued under these rules.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0045

Insurance and Bond

(1) The Department may require the holder to obtain insurance in specified types and amounts if the Department determines that the proposed use presents a potential risk to other uses, to public trust uses, to public health, welfare, safety, the environment or to the State of Oregon, or if otherwise required by law. The Department shall require that the State of Oregon be named as an additional insured party in any such policy.

(2) The Department shall determine the required types and amounts of the insurance coverage the holder must obtain based on the nature and location of the use, potential risks and liabilities associated with that use, use restrictions associated with that use, any requirements of law, and any other unique aspects of the proposed use the Department determines to be relevant.

(3) The Department may, at its discretion, require that the holder obtain a surety bond or letter of credit in an amount specified by the Department or as required by law to secure performance of all terms and conditions of an authorization and performance of all terms and conditions of any order or agreement under which remedial work is being conducted.

(4) Nothing in this section shall be construed as preempting, limiting, or superseding any protections and limitations afforded to sureties under federal and state law.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0050

Special Conditions for a Soil or Sediment Cap

(1) The holder of an authorization for a soil or sediment cap must maintain cost estimates of the amount of financial assurance that is necessary for the purposes below, and demonstrate to the Department’s satisfaction that the holder has in effect the amount and form of required financial assurance, for:

(a) The costs of maintaining and monitoring of the sediment cap; and

(b) Any corrective action required by the Department or any other local, state or federal government agency with jurisdiction over the site to be taken at the site of the sediment cap.

(2) Such cost estimates and evidence of the required financial assurance must be provided in writing to the Department:

(a) Prior to the granting of the authorization; and

(b) On an annual basis to be received by the Department by January 31 of every calendar year following the granting of the authorization by the Department or, on a more frequent basis as required by the Department.

(3) The financial assurance required by OAR 141-145-0050(1) may be satisfied by any one, or a combination of the following:

(a) Insurance specific to the construction and maintenance of a soil or sediment cap;

(b) Establishment of a trust fund with cash to the required dollar amount, with the benefactor as the State of Oregon, Department of State Lands;

(c) Surety bond;

(d) Letter of credit; or

(e) Other financial assurance mechanisms as deemed acceptable by the Department.

(4) The Department will accept documented financial assurance provided by a holder through an existing order issued by the ODEQ or EPA as evidence that the requirements of this section have been met.

(5) Nothing in this section shall be construed as preempting, limiting, or superseding any protections and limitations afforded to sureties under federal and state law.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0055

Renewal of Authorizations

(1) Access authorizations and leases are eligible for renewal.

(2) The holder of an access authorization may renew for one (1) additional term.

(3) The holder of a lease may renew for additional terms.

(4) The holder of an easement may apply for a new easement prior to the expiration of the term.

(5) The holder of an access authorization or lease shall exercise the right to renew not less than 90 calendar days prior to the expiration of the then current term. If the holder fails to renew within the time required, the authorization will terminate at the expiration of the current term.

(6) To exercise the right to renew, the holder must submit to the Department:

(a) A written statement, on a form provided by the Department:

(A) Notifying the Department of the holder’s intent to renew;

(B) Certifying that the uses or structures that are the subject of the existing authorization are consistent with local, state, and federal law; and

(C) Certifying that the existing uses and structures are consistent with the existing authorization.

(b) A non-refundable renewal fee of $375, payable to the Department.

(7) Upon receipt of the required information and renewal fee, the Department shall determine, in its sole discretion, whether:

(a) The right to renew was exercised not less than 90 calendar days prior to the expiration of the then current term of the authorization;

(b) The holder has fully complied with the terms of the current authorization, the applicable statutes, or Oregon Administrative Rules; and

(c) The holder has fully complied with any other authorizations granted to them by the Department.

(8) If the Department determines that the renewal complies with the requirements of OAR 141-145-0055(5), the Department will provide written notice to the holder that the authorization has been renewed for the additional term stated in the notice.

(9) Compensation for the use of state-owned land shall be re-calculated upon renewal in accordance with in OAR 141-145-0060. Compensation shall be due prior to the issuance of the renewal.

(10) As a condition of renewal, the Department may amend the terms and conditions of the authorization at the time of renewal.

(11) If the Department determines that the renewal does not comply with the requirements of OAR 141-145-0055, the Department will provide written notice to the holder that the authorization will not be renewed. In that event, the authorization will terminate at the expiration of the current term.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0060

Compensation

(1) The compensation for an authorization for remediation necessitated by operations at an orphan site as determined by and under the management of the ODEQ or EPA shall be five hundred ($500) dollars. If at any point a party is located to perform or pay for the remediation of what had previously been designated an orphan site, that party must compensate the Department for the cost of that use of state-owned land according to these rules.

(2) The minimum compensation for any authorization issued under these rules shall be one thousand dollars ($1,000), with the following exceptions:

(a) Authorizations meeting the provisions of OAR 141-145-0060(1), and;

(b) Proposed uses determined by the Department to have a “no or minimal impact” in OAR 141-145-0060(4)(a). Uses considered to have a “no or minimal impact” in 141-145-0060(4)(a) require no compensation.

(3) Subject to the base minimum compensation established in OAR 141-145-0060(2), the method for calculating compensation due for an authorization issued under these rules shall be determined through the following formula.

COMP = AV x LA x SDI

NOTE: Formula Explanation

AV= Appraised value or assessed value (as defined in OAR 141-145-0005(3) and (4) of these rules) whichever is less except as stated in OAR 141-145-0060(7). AV is expressed as a value per square foot.

LA= Authorized use area in square feet of state-owned submerged and submersible land.

SDI= Defined in OAR 141-145-0005(32). SDI is expressed as a percentage in this formula.

COMP= Compensation due to the Department for the authorization.

(a) For access authorizations, compensation due to the Department for the authorization will be a one-time payment determined by the formula COMP = AV x LA x SDI.

(b) For easements, compensation due the Department for the authorization will be a one-time payment that is the lesser of:

(A) [(AV x LA x SDI)/30] x number of years authorized; or

(B) Flat rate method for a non-marine use (as described in Division 82) of $0.5301 per square foot (which will be increased each year on July 1st by three percent) x LA x number of years authorized.

(c) For conservation easements, compensation due the Department for the authorization will be a one-time payment equal to AV x LA x 50%.

(d) For lease authorizations, annual lease payment calculation is the lesser of the:

(A) AV x LA x SDI x 5%; or

(B) Flat rate method for a non-marine use (as described in Division 82) of $0.5301 per square foot (which will be increased each year on July 1st by three percent) x LA

(4) The Site Diminishment Impact percentage for an access authorization is calculated by the Department as follows:

(a) A proposed use is considered to have a “no or minimal impact” and an SDI of 0% if the Department determines:

(A) The proposed use would not impose any public trust use restrictions that last more than fourteen (14) consecutive days per calendar year, and

(B) The proposed use would not limit or constrain the Department in issuing other waterway authorizations administered under Division 82.

(b) A proposed use is considered to have a “moderate impact” and an SDI of 3.5% if the Department determines:

(A) The proposed use would impose one public trust use restriction that lasts more than fourteen (14) consecutive days, or

(B) The proposed use would limit or constrain the Department in issuing other waterway authorizations administered under Division 82.

(c) A proposed use is considered to have a “significant impact” and an SDI of 7% if the Department determines:

(A) The proposed use would impose more than one public trust use restrictions that last more than fourteen (14) consecutive days, or,

(B) The proposed use would preclude the Department from issuing any other waterway authorizations administered under division 82.

(5) The Site Diminishment Impact for an easement or lease is calculated by the Department as follows:

(a) A proposed use is considered to have “no or minimal impact” and an SDI of 1% if the Department determines that:

(A) The proposed use would not impose any public trust use restrictions that last more than fourteen (14) consecutive days per calendar year, and

(B) The proposed use would not limit or constrain the Department in issuing other waterway authorizations administered under Division 82.

(b) A proposed use is considered to have a “moderate impact” and an SDI of 50% if the Department determines that:

(A) The proposed use would impose one public trust use restriction that lasts more than fourteen (14) consecutive days, or

(B) The proposed use would limit or constrain the Department in issuing other waterway authorizations administered under division 82.

(c) An easement or lease is considered to have a “significant impact” and an SDI of 100% if the Department determines that:

(A) The proposed use would impose more than one public trust use restrictions that last more than fourteen (14) consecutive days, or,

(B) The proposed use would preclude the Department from issuing any other waterway authorizations administered under division 82.

(6) In calculating compensation under these rules, applicants may substitute an appraised value of the adjacent riparian tax lot or as determined by the Department, a comparable tax lot in place of the assessed value. The Department reserves the right to evaluate, review, and challenge the appraisal. The appraisal shall be conducted at the applicant’s expense. If the appraisal is used by the Department to calculate the compensation, the Department will credit one-half of the cost of the appraisal to the applicant’s compensation. In the event of a dispute between the Department and the applicant, the value shall be determined through the three-appraiser method specified in ORS 274.929(3).

(7) If in the process of calculating compensation, the AV is found to be depressed due to the presence of hazardous substances or some other extenuating circumstance(s) as determined by the Department, another comparable upland tax lot shall be selected by the Department as the basis for calculating the compensation. The applicant may suggest a comparable tax lot or may appeal the Department’s selection as allowed in OAR 141-145-0090.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0065

Assignment of Authorizations

(1) An access authorization is not assignable.

(2) The holder of an easement or lease in good standing can assign its easement or lease with prior written consent of the Department.

(3) To assign an easement or lease, the holder must submit to the Department a:

(a) Notice of proposed assignment on a form provided by the Department at least 60 calendar days prior to the date that the assignment is to occur; and

(b) Non-refundable administrative processing fee of $750, payable to the Department.

(4) The Department may reject an assignment if:

(a) The assignee’s financial status, past business, or management practices or experience indicates to the Department that the assignee may not:

(A) Be able to fully meet the terms and conditions of a lease or easement; or

(B) Be able to fully comply with all applicable terms or conditions of the Order under which remediation is being conducted, including without limitation, terms and conditions related to ongoing monitoring and maintenance, insurance, indemnification and financial assurance; or

(C) Use the land applied for in a way that is consistent with the provisions of these rules.

(b) The assignee is not in compliance with the terms and conditions on any other authorization granted to them by the Department.

(5) The Department may request additional information concerning the proposed assignment.

(6) The Department may condition the assignment on the assignor retaining responsibility for some or all of the terms and conditions in the lease or easement guaranteeing the performance of the assignee.

(7) An assignment does not take effect until the Department authorizes it in writing.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0070

Termination of Authorizations

(1) If a holder fails to comply with these rules, the terms and conditions of an authorization, or violates other laws covering the use of the authorized area, the Department shall notify the holder in writing of the default and demand correction within a specified time frame.

(2) If a holder fails to correct the default within the time frame specified, the Department may take one or more of the following actions:

(a) Modify the authorization;

(b) Terminate the authorization;

(c) Request the Attorney General to take or cause to be taken appropriate legal action against the holder.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0075

Removal of Unauthorized Structures

The Department may pursue the removal of unauthorized structures on state-owned submerged and submersible land through Division 82; Rules Governing the Management of, and Issuing of Leases, Licenses and Registrations for Structures on, and Uses of State-Owned Submerged and Submersible Land.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0080

Closure of Submerged and Submersible Land Subject to Remedial Activity or Habitat Restoration to Public Use

(1) State-owned submerged and submersible land must remain open to Public Trust Uses unless a restriction is approved by the Department or other agencies with jurisdiction over navigation or public safety.

(a) Notwithstanding the provisions of division 88, a holder may close all or a portion of the authorized area to Public Trust Uses, or restrict Public Trust Uses within all or a portion of the authorized area, provided the closure or restriction is:

(A) Reasonably necessary to protect persons and property from harm arising from holder’s authorized use of the submerged and submersible land;

(B) Limited in duration; and

(C) Limited in scope.

(b) If the proposed closure or restriction is wholly or partially within the navigation channel of the waterway as established by the United States Coast Guard, or is located in such a way as to increase traffic in or otherwise impact use of the navigation channel, holder shall consult with the United States Coast Guard, the Oregon Marine Board and any applicable port prior to implementing the closure or restriction. Holder must comply with all requirements imposed by the United States Coast Guard and the Oregon Marine Board.

(c) The holder must provide written notice to the Department no less than fourteen (14) days prior to the implementation of any closure or restriction. The written notice must identify the need for and the scope, and duration of the closure or restriction, and must certify that holder has consulted and received approval from the United States Coast Guard and the Oregon Marine Board regarding the closure or restriction, if required under OAR 141-145-0080(1)(b).

(d) The Department, in its sole discretion, may at any time require holder to terminate or modify the closure or restriction. The Department, in its sole discretion, may at any time require the closure or restriction to be established pursuant to Division 88.

(2) The Director may impose restrictions on, or close state-owned land if the Director determines that the restriction or closure is necessary to facilitate or protect any removal or remedial action undertaken by or pursuant to an order issued by ODEQ or EPA.

(3) The procedures for imposing these restrictions are set forth in OAR 141-088-0008.

(4) The State Land Board may impose restrictions on or close state-owned land if the State Land Board determines that the restriction or closure is necessary to facilitate or protect a habitat restoration project.

(5) The procedures for imposing these restrictions are set forth in OAR 141-088-0006

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0085

Civil Penalties

(1) The unauthorized use of state-owned land managed by the Department constitutes a trespass.

(2) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not less than $50 per day, and not more than $1,000 per day of violation of any provision of these rules or ORS 274 that occurs on state-owned submerged and submersible lands pursuant to ORS 274.992.

(3) The Director will give written notice of a civil penalty incurred under OAR 141-145-0085(2) by registered or certified mail to the person incurring the penalty. The notice will include, but not be limited to the following:

(a) The particular section of the statute, rule, or written authorization involved;

(b) A short and clear statement of the matter asserted or charged;

(c) A statement of the party’s right to request a hearing within twenty (20) calendar days of the date of service of the notice;

(d) The time allowed to correct a violation; and

(e) A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated.

(4) The person incurring the penalty may request a hearing within 20 calendar days of the date of service of the notice provided in OAR 141-145-0085(3). Such a request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty.

(5) The amount of a civil penalty will be not less than $50 per day, or more than $1,000 per day for violation of an authorization issued under ORS 274.040 or violation of any administrative rule adopted under ORS 274.040.

(6) In imposing a penalty under OAR 141-145-0085 of these rules, the Director will consider the following factors as specified in ORS 274.994:

(a) The past history of the person incurring a penalty with regard to other trespasses on state-owned land managed by the Department and the willingness of the person to take all feasible steps or procedures necessary or appropriate to correct any violation;

(b) Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible lands;

(c) The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and

(d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules.

(7) Pursuant to ORS 183.745(2), a civil penalty imposed under OAR 141-145-0085 will become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal.

(8) If a civil penalty is not paid as required by OAR 141-145-0085, interest will accrue at the maximum rate allowed by law.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

141-145-0090

Appeals

(1) An applicant for an authorization, or any other person adversely affected by a decision by the Department under these rules may appeal the decision to the Director.

(a) Such an appeal must be received by the Director no later than 30 calendar days after the delivery of the decision.

(b) The Director will decide the appeal within 60 calendar days after the date of delivery of the appeal.

(c) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.

(2) When an applicant for an authorization to use state-owned submerged and submersible land or any other person adversely affected by a decision of the Department concerning an authorization has exhausted the appeal process before the Director, they may submit an appeal for a contested case hearing pursuant to ORS 183.413 through 183.470.

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274

Hist.: DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

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, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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