1. (1) “Account” means a debt relationship between a state agency and an individual or an entity, which may include multiple obligations and time periods.
2. (2) “Consensual Security Interest” means an enforceable interest in real or personal property voluntarily created by a debtor to secure an obligation to pay a debt (e.g. a mortgage, trust deed, security agreement, or pledged securities).
3. (3) “Delinquent (account)” means a receivable for which payment was not received by the initial due date. (The establishment of a payment agreement does not change the status of the delinquency.)
4. (4) “DOR-OAA” refers to the Department of Revenue Other Agency Account unit.
5. (5) “Hardship” refers to adverse circumstances, which significantly reduce a debtor’s ability to pay. Examples include, but are not limited to, interruptions of income due to family or medical emergencies, job layoff or job skill retraining, long-term/permanent disability, social security, or terminal illness.
6. (6) “Imprisoned” refers to an individual who is currently incarcerated.

7. (7) “Litigation” refers to a dispute when the account:

   1. (a) Has been referred to the Department of Justice;
   2. (b) Is in the administrative appeal or hearing process; or
   3. (c) Is in arbitration, mediation, or in the state or federal court system, including bankruptcy.

8. (8) “Liquidated (account)” has the meaning given in the Oregon Accounting Manual (OAM). Generally speaking, a liquidated account is one in which:

   1. (a) The amount of the debt is known,
   2. (b) The debtor has been notified of the debt, and
   3. (c) The debtor has been given an opportunity to dispute the debt.

9. (9) “Mandatory collection agency transfer (MCAT) account” refers to an account that is:

   1. (a) Liquidated,
   2. (b) Delinquent, and
   3. (c) Not prohibited by state or federal law from being transferred to a collection firm.

10. (10) “MCAT eligibility date” refers to the latter of the following dates:

    1. (a) The date the account receivable became both liquidated and delinquent; or
    2. (b) The date the MCAT account exemption expires.
11. (11) “Non-consensual lien” means a lien established by operation of law; such as a judgment with a financial obligation or the recording of an administrative record (e.g. agency distraint warrant or civil penalty final order).
12. (12) “Payment” means a voluntary amount of money paid by a debtor to a state agency or an involuntary amount of money paid by a debtor through offset or garnishment.
13. (13) “PCF” refers to a private collection firm.
14. (14) “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state government subject to ORS 293.

Statutory/Other Authority

ORS 291.015, 293.227

Statutes/Other Implemented

ORS 291.015(1), 293.227(1), & 293.227(2)

History

DCFO 2-2018, adopt filed 11/29/2018, effective 12/01/2018
DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018