Or. Admin. Code § 170-135-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 170-135-0040 - Request for Contested Case Hearing

(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) The request must:

(a) Be filed within 60 days of the date of the Treasurer's decision;

(b) Be in writing;

(c) Identify the issues of law or fact being contested; and

(d) Provide a summary of the evidence asserted in the petition.

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

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

(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) 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) 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.

Or. Admin. Code § 170-135-0040

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021; OST 8-2022, minor correction filed 03/15/2022, effective 3/15/2022

Statutory/Other Authority: ORS 178.050

Statutes/Other Implemented: ORS 114.520