SOS Notice Receipt 10-25-10Secretary of State
NOTICE Or PROPOSED RULEMAKING HEARING*
A Statement of Need and Fiscal Impact accompanies [his form.
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Department of State Lands, Finance and Admin. Division, Unclaimed Property Sectio�� 141
Agency and Division Administrative Rules Chapter Number
Elizabeth Bolden 775 Summer ST NE, STG 100, Salem, OR 97301 503-986-5239
Rules Coordinator Address Telephone
RULE CAPTION
Clarify streamline and simplifv claim requirements and altow the Department to expedite straiehtfonvard claims
November 17, 201Q 10 — ll a.m. State Lands Headquarters, 775 Summer ST NE, Salem, OR, Land Board Rm Patrick Tate
Hearing Date Time Location Hearings Officer
�I uLilinry nJds for persons ivith r!/snbilities nre nvallnble �q�on advmtce request.
RULEMAKING ACTION
Secure approval of new rule numbers (Adopted or Renumbered rules) with the Administrative Rules Unit prior to filing.
ADOPT:
AMEND: 141-040-0005 through 141-040-0220
RGPEAL:
R�NUMBER:
AMEND & RGNUMBER:
Stat. Auth. : ORS 48302 - 98.436 & 273.045
Other Auth.:
Stats. Imn(emented: ORS 98
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OCT 1 4 2010
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RUL�SUMMARY
The revised rules will allow the Dept. of State Lands (DSL) to maximize the effectiveness of nerv teclmologies to
identify simp(e claims where the claimant is the owner and lives at the same address or has matching data to tlie
propecty repo�ted.
Businesses and state and local governments seeking unclaimed property witt have a streamlined process to recover
their funds based on an indemni6cation and return agreement if a superior claiim is filed.
The values are increased where claimants would be required to complete an affidavit or probate an estate to finalize a
claim.
DSL refers some claims to several agencies that retain those funds and process any claims. We want to clarify that our
claim rules only apply to property held by DSL.
The Agency requests public comment on �vhether other options should be considered for achieving the �ules'
substantive goals �vhile reducing the negative economic impact of the rules on business.
y, December 3, 2010, no later than 5 PM
Last Day for PuUlic Comment (Las[ day to submit written comments to the Rules Coordinator)
Louise
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Signature �'-' Printed name / / Date
*Hearing Notices published in the Oregon Bulletin must be submitted by 5:00 pm on the 15th day of the preceding month unless
this deadline falls on a weekend or legal holiday, upon which the deadline is 5:00 pm the preceding workday. ARC 920-2005
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$ecretnry of Sfate
STAT�M�NT OI' NE�D AND I+ISCAL IMPACT
A Notice of Proposed Rulemaking Hearing or a Notice of Proposed Rulemakiug accompanies this form.
Agency
Number
of State Lands, Finance and Admin. Division, Unclaimed Property Section
141
Rules Chapter
Rule Caption• Clarifv streamline and simplif�laim rec�uirements and allow the Denartment to expedite
sh•ai�htforward claims
In the Matter of: Revisions to Division 141-040 Unclaimed Property Claims Rules
Statutory Authority: ORS 98302 - 98.436 & 273.045
Other Authority:
Stats. Implemented: ORS 98
Need for the Rule(s):
Claim inquiries have dramatically increased in the last two years. Current rules often impede the
DepartmenYs ability to respond to the increased workload in a timely manner. The Department is
implementing a more automated online claims Internet application. The revised rules will allow us to
maximize the effectiveness of the new application. We can now identify simple claims where the claimant is
the owner and lives at the same address or has matching data to the property reported. Businesses and state
and 1oc11 governments seeking unclaimed propei�ty will have a streamlined process to recover their funds
based on an indemnification and return agreement if a superior claim is filed. New rules would update the
values where claimants are required to complete an affidavit or probate an estate to finalize a claim. The
Department acts as a referral for several agencies that retain and process claims on their unclaimed funds.
We want to clarify that our claim rules only apply to property held by DSL.
Documents relied upon, and where they are available:
N/A
Fiscal and Economic Impact:
There is no fiscal or economic impact.
Statetnent of Cost of Compliance:
L Impact on state agencies, units of local government and the public (ORS 183.335(2) (b) (E)):
State and local governments often have large numbers of small dollar unclaimed property reported to
DSL. The new rules will simplify and str•eamline their ciaims process. It would have no impact on
cun•ent cost of compliance.
2. Cost of compliance effect on small business (ORS 183.336):
a. Estimate the number of small Uusinesses and types of Uusiness and industries with small businesses
subject to the rule:
There is no change iu the compliance costs for small businesses
b. Projected reporting, recordkeeping and other administrative activities required for compliance,
including costs of professional seivices:
There would be no additional costs for reporting, recordkeeping or other administrative activities,
including professionalservices.
c. Equipment, supplies, labor and increased administration required for compliance:
The rules changes would not require additional equipment, supplies, labor or increased administr�ation.
How were small businesses involved in the development of this rule?
Small businesses were not involved in the development of this rule.
Administrative Rule Advisory Committee consulted?: No
If not, why?: Simpiification of iules was based on claimant surveys, best practices in other states, and
integration of new teclmology with rules.
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Printed name
Administrative Rules Unit, Archives Division, Secretary of State, 800 Summer Sh•eet NE, Salem, Oregon
97310. ARC 925-2007 '