Or. Admin. Code § 170-140-0130

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

Section 170-140-0130 - Burden of Proof and Standard of Review

(1) The Claimant must prove legal entitlement to Property by a preponderance of the evidence. The Claimant is responsible for contacting Persons and submitting evidence sufficient to meet the burden of proof. Name similarity alone is not sufficient to prove entitlement to Unclaimed Property.

(2) Whether the Claimant meets the burden of proof is determined by:

(a) The veracity of the evidence;

(b) The age of the evidence;

(c) The nature of the evidence (e.g., direct, indirect, or circumstantial evidence);

(d) The existence of any competing evidence for the claimed Property; and

(e) Any other related evidence appropriate under the circumstances of the Claim.

Or. Admin. Code § 170-140-0130

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 98.422 & ORS 178.050

Statutes/Other Implemented: ORS 98.392 & ORS 98.396