Oregon Administrative Rules
Chapter 170 - OREGON STATE TREASURY
Division 140 - UNCLAIMED PROPERTY CLAIMS
Section 170-140-0130 - Burden of Proof and Standard of Review
Universal Citation: OR Admin Rules 170-140-0130
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/Other Authority: ORS 98.422 & ORS 178.050
Statutes/Other Implemented: ORS 98.392 & ORS 98.396
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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