Or. Admin. Code § 461-165-0220

Current through Register Vol. 63, No. 11, November 1, 2024

Section 461-165-0220 - Replacing Lost, Stolen, Destroyed or Undelivered Checks

(1) Replacement checks are issued in compliance with ORS 293.475 and this rule.

(2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following:

(a) The original check was not received. Five postal service working days must pass from the date the original check was issued before a replacement is issued.

(b) The original check was received but lost, stolen or destroyed without being endorsed. A replacement check is issued without a waiting period.

(c) The original check was endorsed but not cashed before it was lost, stolen or destroyed. A replacement check is issued if:

(A) The check was destroyed and remnants of the check are provided to the Department; or

(B) The check was endorsed "for deposit only" before it was lost, stolen or destroyed.

(3) A dual-payee check is replaced only if:

(a) The client completes an affidavit affirming that the unendorsed check has been lost, destroyed or stolen; or

(b) The client has endorsed the check and the second party completes an affidavit concerning the lost check. The second party must agree to reimburse the state and not to hold the client responsible if the original check is negotiated. The replacement check is made payable to the second party only.

(4) A check may be issued to replace a check that has been processed by the State Treasurer for payment only after the client has provided the Department with the information and documents needed to conduct an investigation into the loss.

(5) A replacement check is not issued in either of the following situations:

(a) The client cashes a dual-payee check without the second party's signature.

(b) A check has been deposited directly to an account specified by the client.

Or. Admin. Code § 461-165-0220

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 11-1991, f. 4-30-91, cert. ef. 5-1-91; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 10-2002, f. & cert. ef. 7-1-02

Stat. Auth.: ORS 411.060

Stats. Implemented: ORS 411.060