justicedao/ipfs_state_laws huggingface dataset:
170-145-0020 Temporary rule language in effect until 03/29/2026. Reporting Form and Format (1) A Holder must submit reports electronically and in the requested format. (2) Notwithstanding section (1) of this rule, a Holder may request permission to submit a hard-copy report. The request must be in writing and include an explanation of the difficulty of filing electronically. The Holder must follow the form and format required by the Treasurer if the request is approved. (3) A Holder must file a Negative Report if required by the Treasurer. (4) A Holder of lawyer trust account funds or interest on lawyer trust account funds must submit a report in writing and remit the funds to the Oregon State Bar. The Oregon State Bar will provide the report data to the Treasurer based on the Treasurer’s instruction. (5) A Holder of county tax surplus foreclosure funds must submit a report in writing to the Treasurer within 30 days of the date the surplus is determined. The Holder must follow the form and format required by the Treasurer. Statutory/Other Authority: ORS 178.050, ORS 98.422 & ORS 98.352 Statutes/Other Implemented: ORS 98.352 History: OST 1-2025, temporary amend filed 09/25/2025, effective 10/01/2025 through 03/29/2026 OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0030 Service Charges and Interest on Deposit Accounts (1) With respect to any demand, savings or matured time deposit with a Financial Institution, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, mutual investment certificate or any other interest in a Financial Institution, a Holder may not impose any charge or cease payment of interest due to dormancy or inactivity unless: (a) There is a written contractual agreement between the Holder and the Owner of the account clearly and prominently setting forth the conditions under which a service charge may be imposed, or the payment of interest terminated; (b) The establishment of a service charge, the change of an existing service charge or the change of a policy pertaining to the payment of interest is uniformly applied to all Dormant or Inactive accounts; (c) The Holder must give written notice to the Owner at the Owner's Last-known Address whenever an account becomes Inactive; and; (d) Three months written notice is given by first-class mail to the Last-known Address of the Owner of a Dormant or Inactive account before the Holder may apply a service charge to the account or stop paying interest on that account. (2) A signature card is not a written contractual agreement for the purposes of subsection (1)(a) of this section, however, the signature card and the written contractual agreement may be contained in one instrument. (3) A Holder may not deduct from the amount of any instrument subject to ORS 98.308(5) or (6) any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the Holder and the Owner of the instrument pursuant to which the Holder may impose a charge, and the Holder regularly imposes such charges and does not regularly reverse or otherwise cancel them. (4) Notwithstanding the provisions in subsections (1) to (3) of this section, a Holder may not deduct a service charge or fee or otherwise reduce an Owner's unclaimed account unless: (a) There is a valid written contract between the Holder and the Owner that allows the Holder to impose a charge; (b) The service charge or fee is imposed uniformly on all accounts; and (c) Three months' written notice is given by first-class mail to the Last-known Address of all Owners before the charge or fee is levied. Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 98.422 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0035 Holder Request for Reimbursement If a Holder pays or delivers Property to an Owner or the Holder overpaid or made an error when remitting property to the Treasurer, the Holder may request reimbursement from the Treasurer. The Holder must provide to the Treasurer sufficient evidence to establish the Owner was paid or the Holder made an error or overpayment. The Holder will not be assessed any fees or other service charges by the Treasurer. When the Holder receives the reimbursement, the Holder assumes liability for the asset and holds the Treasurer harmless from all future claims to the Property. If a Holder pays or delivers Property to an Owner, the Holder may request reimbursement from the Treasurer. The Holder must provide to the Treasurer sufficient evidence to establish the Owner was paid. The Holder will not be assessed any fees or other service charges by the Treasurer. When the Holder receives the reimbursement, the Holder assumes liability for the asset and holds the Treasurer harmless from all future claims to the Property. Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 98.422 History: OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0045 Records Maintenance, Retention, and Disclosure (1) The Holder is responsible for the content, accuracy, and timeliness of the reports and retention of all records associated with the reports as defined in ORS 98.354 whether the report is filed by the Holder or another Person on behalf of the Holder. (2) Every Holder must maintain a record of the name and Last-known Address of the Owner and such signature cards and other evidence which would assist in the identification of the owner for three years after the Property has been remitted to the Treasurer. (3) Except as provided in section (4) of this rule, a Person may not release a list of records within: (a) Twelve months after the date the Property is Reportable; and (b) Twenty-four months after the date the Property has been delivered or remitted to the department. (4) Lists of uncashed warrants, stale dated checks, or other Property held by a Government Body under ORS 98.336 are exempt from public review for 24 months after the Property is remitted to the Treasurer. (5) Records assembled, received, or used by the state or its audit vendor in connection with a Holder Examination are exempt from public disclosure per ORS 192.355(46). Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 98.302 to 98.436 & ORS 98.992 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0050 Request for Collaborative Dispute Resolution (1) Either the Holder or the Treasurer may request the other to engage in a collaborative dispute resolution process when the findings or decision are based on estimates as described in ORS 98.412(4). Both parties must agree to the process, and either party can terminate the process at any time. (2) A Holder who disagrees with Examination findings by or a decision of the Treasurer under these rules may request to resolve the dispute through a collaborative process. (3) The Holder’s request must: (a) Be filed within 60 days of the date of the Treasurer’s final Examination findings; and (b) Be in writing. (4) The Holder must file the request to resolve the dispute through a collaborative process either by: (a) Emailing the request to holder@ost.state.or.us; or (b) Mailing or delivering the request to the following address: Oregon’s Unclaimed Property Program Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301-5241 (5) The parties may agree to use mediation or other facilitated process to complete the collaborative dispute resolution process. (6) To preserve the right to a contested case hearing, a Holder must file a request for contested case hearing under OAR 170-145-0055. A Holder’s request to resolve the dispute through a collaborative process does not stay or suspend the time that the Holder may request a contested case hearing. Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 183.502 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 12-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0055 Requesting a Contested Case Hearing (1) A Person who disagrees with any proposed decision issued by the Treasurer under this chapter 170, division 145 may request a contested case hearing. (2) The request must be: (a) Received within 60 days of the date of the Treasurer’s decision; and (b) In writing. (3) The Person must file the request for contested case hearing either by: (a) Emailing the request to holder@ost.state.or.us; or (b) Mailing or delivering the request to the following address: Oregon’s Unclaimed Property 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. Statutory/Other Authority: ORS 178.050 & ORS 98.422 Statutes/Other Implemented: ORS 98.402 & ORS 98.412 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 13-2022, minor correction filed 03/15/2022, effective 03/15/2022 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
170-145-0100 Voluntary Disclosure Program (1) The Voluntary Disclosure Program allows a Holder to come into compliance with the reporting and delivery of Property presumed abandoned under ORS 98.302 to 98.436 and these rules without penalty under ORS 98.992 during the period the Holder participates. (2) To participate in the Voluntary Compliance Program, a Holder must meet the following criteria. The Holder: (a) Has identified that it did not report or underreported Property that was Reportable and deliverable in a prior year; (b) Is not subject to a current Examination under these rules; and (c) Has not participated in the Voluntary Compliance Program or the Self-audit Program within the past ten years. The Treasurer may waive this requirement if the Property type is new or associated with a merger or acquisition of a new company. (3) If the Holder qualifies to participate in the Voluntary Disclosure Program, the Holder must: (a) Enter into a Voluntary Disclosure Agreement with the Treasurer. (b) Conduct a complete examination of the Holder’s, the Holder’s subsidiaries or other related entities books and records for the six years immediately prior to participation; (c) Report and deliver Property as required under ORS 98.302 to 98.436; (d) Disclose the following for each subsidiary or related entity: (A) The Employer Identification or Tax Identification Number issued by the Internal Revenue Service; (B) The state of domicile; (C) The state of incorporation; and (D) The Holder’s corporate structure. (e) Disclose, in writing, all business positions, methodologies, and estimation techniques, if applicable, used to determine Reportable Property; (f) Disclose the Due Diligence performed to locate Owners under the Examination period; (g) Verify the content and accuracy of the records examined to the Treasurer, including the reason for each missing or unavailable record; and (h) File an electronic report in the form and format required by the Treasurer under OAR 170-145-0020 within 180 days after the Holder enters the Voluntary Disclosure Program. (4) When the Holder completes the Voluntary Disclosure Program, the Holder remains subject to a penalty for failing to report, pay, or deliver Property under ORS 98.302 to 98.436 for periods other than those covered by the Voluntary Disclosure Program. (5) The Treasurer at any time may conduct an Examination of the Holder’s records under ORS 98.412. Statutory/Other Authority: ORS 178.050, ORS 98.302 to 98.436 & ORS 98.992 Statutes/Other Implemented: ORS 98.302 to 98.436 & ORS 98.992 History: OST 3-2024, amend filed 06/03/2024, effective 06/10/2024 OST 3-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/23/2024 OST 2-2021, adopt filed 06/29/2021, effective 07/01/2021
171-001-0000 Notice of Proposed Rulemaking Prior to adoption, amendment, or repeal of any rule, the Oregon Investment Council shall give notice of its intention to adopt, amend, or repeal any rule, not less than 15 days prior to the date of the proposed action: (1) In the Secretary of State’s Bulletin; (2) By purchasing a legal notice (advertisement) in a daily or weekly newspaper of general circulation; (3) By furnishing a copy of the notice to the following: (a) Associated Press, United Press Inter­national, and other media; (b) Any interested parties requesting to be on a regular mailing list for rules adopted by the Oregon Investment Council; (c) To members of boards and commissions working with the Oregon Investment Council that may be affected by the adoption of said rule; and (d) To all banking institutions, state money managers, and local governments that may be affected by the proposed rule. Statutory/Other Authority: ORS 183 History: OIC 2-1987, f. & cert. ef. 12-17-87
171-001-0005 Model Rule of Procedure Pursuant to ORS 183.341(2), the Oregon Investment Council adopts the Attorney General’s Uniform and Model Rules of Procedure of January 27, 1986 by reference. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the Attorney General or State Treasurer.] Statutory/Other Authority: ORS 183 History: OIC 1-1987, f. & cert. ef. 12-17-87
171-002-0000 Public Records Pursuant to ORS 192.420 through 192.505, the Oregon Investment Council: (1) May charge the following fees for certification or copying of any public records in the Oregon State Treasury’s custody not otherwise exempt from disclosure: (a) For each certification containing five pages or less — $5; (b) For each page of a certified document in excess of five pages — 5¢ per page; (c) For uncertified copies — 5¢; (d) For facsimile transmission — $1 per page (excluding cover page). (2) In addition to the charges prescribed in section (1) of this rule, an amount, as determined reasonable by the State Treasurer, to reimburse the Oregon State Treasury for the actual cost of making the records available for inspection. (3) Shall make all public records of the Oregon Investment Council, not otherwise exempt from disclosure by law, available for inspection and/or copying during regular business hours of the Oregon State Treasury. (4) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the State Treasurer, the Oregon State Treasury and its employees. (5) Shall post within public view the fee schedule for certifi­cation or copying of public records. Statutory/Other Authority: ORS 183, 192, 293 & 295 History: OIC 1-1990, f. 4-30-90, cert. ef. 5-1-90
172-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedure Act, as promulgated by the Attorney General of the State of Oregon, effective as of February 12, 2010, are adopted as the rules of procedure for administrative rulemaking and other administrative law functions of the Authority. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Facilities Authority.] Statutory/Other Authority: ORS 183.341(1) & 289.240(2) Statutes/Other Implemented: ORS 183.341 History: OFA 1-2011, f. & cert. ef. 1-10-11 HECF 3-1990, f. & cert. ef. 6-14-90 HECF 1-1990(Temp), f. & cert. ef. 1-30-90
172-005-0000 Form of Application for Financing Any participating institution desiring to obtain financing for a project through the Authority shall file with the Executive Director an application in the manner and form approved by the Authority, which shall be accompanied by a non-refundable application fee in the amount prescribed in OAR 172-000-0065(2). In addition to the information called for by the application, a participating institution may be required to provide such additional information and supporting materials concerning the participating institution and the proposed project as the Authority or the Executive Director deems necessary or appropriate in order to enable the request for financing to be properly evaluated. Statutory/Other Authority: ORS 289.240(2) & 289.125(1) Statutes/Other Implemented: ORS 289.125 History: OFA 1-2011, f. & cert. ef. 1-10-11 HECF 4-1990, f. & cert. ef. 10-4-90 HECF 2-1990(Temp), f. & cert. ef. 3-26-90
172-005-0010 Processing of Applications (1) Upon receipt of a substantially complete application for financing and review thereof by the Executive Director and the Authority's financial advisor and bond counsel, the Executive Director shall, at the earliest practicable time, call a meeting of the Authority by giving notice thereof in the manner required by law, and shall place on the agenda for the meeting such substantially complete application for consideration by the Authority. For purposes of this section, an application shall be deemed to be substantially complete if it contains all required information and is accompanied by all required supporting materials other than the feasibility study (if required), the commitment for credit enhancement (if any), the 501(c)(3) determination letter from the Internal Revenue Service and such other items and information the absence of which, in the judgment of the Executive Director, will not materially impair the ability of the Authority to properly evaluate and act upon the application. (2) The Executive Director shall cause a copy of each application to be delivered to each member of the Authority, the Treasurer, bond counsel and the financial adviser as soon as practicable after receipt and review thereof by the Executive Director. In addition, within a reasonable time prior to the meeting of the Authority at which an application is to be considered, the Executive Director shall deliver to each member of the Authority the Executive Director's written summary of the proposed project and financing and any recommendations with respect thereto. Statutory/Other Authority: ORS 289.240(2) & 289.125(1) Statutes/Other Implemented: ORS 289.005(9) History: OFA 1-2011, f. & cert. ef. 1-10-11 HECF 4-1990, f. & cert. ef. 10-4-90 HECF 2-1990(Temp), f. & cert. ef. 3-26-90
172-005-0030 Preliminary Agreement Immediately following approval of an application by the Authority and the Treasurer, the Executive Director, acting for and on behalf of the Authority, and the participating institution filing such application shall execute and deliver a preliminary agreement described in OAR 172-005-0020(3) that shall contain appropriate provisions, terms and conditions concerning the requested financing, including the agreement of the participating institution to pay costs related to the proposed financing, whether or not the financing is closed, and the undertaking of the participating institution to indemnify and hold harmless the State of Oregon, the Authority, and their respective officials, members, officers, staff and employees from and against any and all claims, losses or damages, howsoever arising, incurred in connection with the proposed project or the financing thereof, regardless of whether or not the financing proceeds. Statutory/Other Authority: ORS 289.240(2) & 289.125(1) Statutes/Other Implemented: ORS 289.240(2) & 289.125(1) History: OFA 1-2011, f. & cert. ef. 1-10-11 HECF 4-1990, f. & cert. ef. 10-4-90 HECF 2-1990(Temp), f. & cert. ef. 3-26-90
172-005-0045 Post-Issuance Compliance It is the policy of the Authority that participating institutions have appropriate written procedures in place at the time of issuance to ensure post issuance compliance with applicable federal tax and securities law requirements. A participating institution shall submit to the Authority prior to the time of issuance (a) a copy of the post-issuance compliance procedures duly adopted by the participating institution that establish appropriate internal procedures to ensure compliance by the participating institution with federal tax, federal and state securities, and other applicable laws and regulations, (b) a copy of any modification or amendment of such procedures, and (c) a copy of evidence of the due adoption and approval of such procedures or any modification or amendment of such procedures by the participating institution. The post-issuance compliance procedures of the participating institution shall designate the person or persons with primary responsibility for compliance with federal tax and securities law requirements and shall establish appropriate detailed procedures to ensure compliance by the participating institution with (a) federal tax requirements, including but limited to those related to the expenditure of bond proceeds, project use, investment of bond proceeds, restriction on arbitrage yield and rebate, and (b) if applicable, federal securities law requirements regarding the annual filing of financial information and the timely disclosure of certain material events. Statutory/Other Authority: ORS 289.125(1) & 289.240(2) Statutes/Other Implemented: ORS 289.005, 289.010, 289.125, 289.200 & 289.240(2) History: OFA 4-2014, f. & cert. ef. 5-3-14 OFA 2-2014, f. & cert. ef. 5-14-14