1. (1) Any Person aggrieved by a decision of the Treasurer under these rules that is not a matter subject to Probate or Small Estate Affidavit, the Person may request a contested case hearing.

2. (2) The request must:

   1. (a) Be filed within 60 days of the date of the Treasurer’s decision;
   2. (b) Be in writing;
   3. (c) Identify the issues of law or fact being contested; and
   4. (d) Provide a summary of the evidence asserted in the petition.

3. (3) The Person must file the request for contested case hearing either by:

   1. (a) Emailing the request to escheat.estates@ost.state.or.us; or

   2. (b) Mailing or delivering the request to the following address:

      Estate Administrator
      Oregon Estate Administration Program
      Oregon State Treasury
      867 Hawthorne Ave SE
      Salem, OR 97301-5241

4. (4) The Office of Administrative Hearings will conduct the contested case hearing as provided under OAR 137-003-0515 and 137-003-0520. The Administrative Law Judge may only issue a Proposed and Final Order.
5. (5) No new evidence may be submitted at the contested case hearing. If new evidence is discovered after the request is filed, the administrative law judge must remand the case to the Treasurer for further review.

Statutory/Other Authority

ORS 178.050

Statutes/Other Implemented

ORS 114.520

History

OST 8-2022, minor correction filed 03/15/2022, effective 03/15/2022
OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021