1. (1) When the Department of Justice (Department) receives payments from an obligor, withholder, or another issuer on behalf of the obligor, and two payments from the same source have been dishonored, the Department will hold future payments from that source until notification is received that the payment has cleared the issuer’s financial institution, or for the following periods, whichever occurs first:

   1. (a) For 18 working days, if the payment was made by paper check; or
   2. (b) For 15 working days, if the payment was made electronically.
2. (2) The Department may waive the requirement provided in section (1) of this rule after a one-year period if no further payments from that issuer have been dishonored, or if the payment was dishonored for reasons that the Department has determined were beyond the issuer’s control, such as an error on the part of the financial institution or the Department.
3. (3) The Department may assess a fee not to exceed $35 against the issuer of the payment.

Statutory/Other Authority

ORS 25.125 & 180.345

Statutes/Other Implemented

ORS 25.020, 25.125 & 30.701

History

DOJ 18-2019, amend filed 12/27/2019, effective 01/01/2020
DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16
DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12
DOJ 16-2004, f. 12-30-04, cert. ef. 1-3-05
DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6240
DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6240
AFS 4-2001, f. 3-28-01, cert. ef. 4-1-01
AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0270
AFS 16-1997, f. 9-2-97, cert. ef. 10-1-97
AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0046
AFS 53-1983, f. 10-28-83, ef. 11-1-83