Or. Admin. Code § 471-070-1460

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

Section 471-070-1460 - Benefits: Lost, Stolen, Destroyed, or Forged Benefit Checks

(1) When a benefit check has been lost, stolen, destroyed, or forged and 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 but was not cashed and now cannot be found.

(b) A benefit check is "stolen" if 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 a benefit check has been issued but not cashed and the claimant completes a written sworn statement that the benefit check was lost, stolen, or destroyed, the check will be reissued in accordance with ORS 293.475 if at least 10 calendar days from the date the original check was issued has 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 to the department.

(3) 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 or the claimant's authorized agent's, the director will notify the claimant by letter and no replacement check will be issued;

(b) In the case of forgery or any unauthorized cashing of a benefit check, a replacement check will be issued if the claimant is due benefits, unless the claimant received any portion of the benefits, or otherwise benefited from the funds.

(c) The department will advise the State Treasurer of the forged or unauthorized cashing of the check.

Or. Admin. Code § 471-070-1460

ED 5-2023, adopt filed 07/31/2023, effective 8/1/2023

Statutory/Other Authority: ORS 657B.340

Statutes/Other Implemented: ORS 293.470 & 293.475