Or. Admin. Code § 170-140-0115

Current through Register Vol. 63, No. 12, December 1, 2024

Section 170-140-0115 - Evidence Supporting a Claim

(1) Generally. The Claimant may submit documents or records to establish a legal entitlement to Property. Documents or other records establishing entitlement include, but are not limited to:

(a) Copies of documents showing addresses, including but not limited to utility bills, tax records, or original correspondence addressed to the Owner at the address reported to the Director;

(b) Passbooks, statements of accounts, canceled checks, deposit slips;

(c) Copy of, or original stock certificate in the Owner's name, copy of prior dividend payment or statement, stock transmittal receipt, brokerage firm statement;

(d) Original insurance policies, premium or dividend statements;

(e) Original deposit slips or receipts;

(f) Original certified or photocopies of court documents;

(g) Newspaper articles including marriage announcements, birth or obituary notices;

(h) Family or church records, baptismal certificates, or personal correspondence;

(i) Public or business records;

(j) Signature verification cards from financial institutions;

(k) Testimonial evidence, including properly notarized affidavits; or

(l) Any other forms of evidence sufficient to meet the burden of proof under the circumstances.

(2) Military Medals. If the Claim is for Military Medals, evidence to prove legal entitlement includes, but is not limited to:

(a) Military discharge documents;

(b) An award certificate of the Military Medal; or

(c) Proof of purchase.

(3) Successor. If the Claimant is a Successor, evidence to prove legal entitlement includes, but is not limited to:

(a) Certified copies of probate documents;

(b) Small estate affidavit;

(c) Final Decree of Distribution;

(d) A will;

(e) A death certificate; or

(f) Letters Testamentary.

(4) Property held for the benefit of a business under an assumed business name (Doing Business As). If the Claim is filed on behalf of an individual, but the Claim relates to Property held for the benefit under an assumed business name or "doing business as", evidence to prove legal entitlement includes, but is not limited to:

(a) Tax statements; or

(b) Business license.

(5) Records assembled, received, or used by the state in connection with a Claim are exempt from public disclosure per ORS 192.355(46), except to the extent that the Claimant consents to the information's disclosure.

Or. Admin. Code § 170-140-0115

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021; OST 1-2024, temporary amend filed 01/22/2024, effective 1/22/2024 through 7/19/2024; OST 3-2024, amend filed 06/03/2024, effective 6/10/2024

Statutory/Other Authority: ORS 98.422 & ORS 178.050

Statutes/Other Implemented: ORS 98.392