Or. Admin. R. 471-030-0049

Current through Register Vol. 63, No. 9, September 1, 2024

Section 471-030-0049 - Lost, Stolen or Destroyed Benefit Checks

The Director will proceed in the following manner when a benefit check has been lost, stolen or destroyed:

(1) For purposes of this rule:

(a) A benefit check is "lost" if the claimant never received an issued check, and the check's whereabouts is unknown or it was received and cannot be found.

(b) A benefit check is "stolen" if the claimant never received an issued check, or it was received and the check was taken or cashed by another without the authorization of the payee, whether or not the other person's identity is known.

(c) A benefit check is "destroyed" if an issued check has not been cashed and has been rendered nonnegotiable.

(d) "Forgery" of a benefit check has the same meaning as provided in ORS 165.007 and further defined in 165.002.

(2) If the benefit check has been issued but not cashed and the claimant completes a sworn statement that the benefit check was lost, stolen or destroyed, the check will be reissued if ten days from the date the original check was issued have elapsed. If the original check and replacement check are both received and cashed by the claimant, the claimant shall be liable for repayment of the overpayment.

(2) If the benefit check has been issued and cashed and it is alleged that the check was not signed by the claimant or the claimant's authorized agent, a determination will be made on the validity of the endorsement:

(a) If the endorsement is determined to be the claimant's or the claimant's authorized agent, the Director will so notify the claimant by letter and no replacement check will be issued;

(b) In the case of forgery, or an unauthorized, non-valid or lack of endorsement, a replacement check will be issued if the claimant is due benefits, unless the claimant participated in forgery, received any portion of the benefits, or benefited from the funds.

(c) The agency will so advise the State Treasurer of the forged check.

Or. Admin. R. 471-030-0049

1DE 3-1981, f. & ef. 2-16-81; ED 1-2006. f. 1-5-06, cert. ef. 1-8-06; ED 24-2018, minor correction filed 01/11/2018, effective 1/11/2018

Statutory/Other Authority: ORS 657

Statutes/Other Implemented: ORS 657.255