2017 ORS 293.252¹
Duties of Oregon Department of Administrative Services relating to state agency debt collection

(1) The Oregon Department of Administrative Services shall monitor state agency debt collection functions described by law and assist state agencies in efforts to improve the collection of delinquent debts owed to state agencies. The department’s duties under this subsection include, but are not limited to:

(a) Providing training to state agencies regarding processing and managing accounts receivable in compliance with applicable law and state policies.

(b) Providing technical assistance to state agencies in resolving challenges in processing and managing accounts receivable and developing financial administrative systems to improve the handling of liquidated and delinquent accounts.

(c) Developing performance standards for state debt collection, including but not limited to standards defining what constitutes liquidated and delinquent accounts and when debt may be written off pursuant to ORS 293.240 (Writing off uncollectible debts due state agency).

(d) Working with state agencies to improve the quality and value of data that each state agency submits to the Legislative Fiscal Office for purposes of ORS 293.229 (Liquidated and delinquent accounts of state agency).

(e) Submitting an annual management report to the Legislative Assembly not later than December 31 of each fiscal year, in conjunction with the report of the Legislative Fiscal Office produced under ORS 293.229 (Liquidated and delinquent accounts of state agency), that identifies important issues and significant trends in state agency debt collection practices and describes and evaluates efforts by state agencies to improve the collection of delinquent debt.

(2) The department shall adopt policies:

(a) Providing guidance for the collection of liquidated and delinquent accounts owing to state agencies.

(b) Setting procedures for state agencies to account for and manage information regarding the agency’s liquidated and delinquent accounts.

(c) After consultation with the Attorney General, setting criteria for effective and efficient assignment of liquidated and delinquent accounts to the Department of Revenue or private collection agencies, and setting performance measurements to be used in the application of the criteria.

(d) For the allocation, form and amount of charges or fees added to liquidated and delinquent accounts under ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency), 293.250 (Collections Unit) and 697.105 (Fee for collection of debt owed public body).

(e) Setting exemptions or adjustments for state agencies that are prohibited by law from adding or collecting fees under ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency), 293.250 (Collections Unit) or 697.105 (Fee for collection of debt owed public body) and for agencies for which the addition or collection of the fees is not feasible given the agency resources available for collection of accounts receivable.

(f) For the improvement of communications regarding liquidated and delinquent accounts among state agencies and between private collection agencies and the Department of Revenue.

(g) Describing conditions under which a state agency may request and collect Social Security numbers in accordance with state and federal law when it is reasonably foreseeable that a person may owe the state agency a liquidated and delinquent amount as a result of a transaction or activity.

(h) After consultation with the Attorney General, setting criteria under which state agencies, the Department of Revenue and private collection agencies may propose and accept offers of compromise as provided in ORS 293.240 (Writing off uncollectible debts due state agency).

(3) As used in this section:

(a) “State agency” means any state officer, board, commission, corporation, institution, department or other state organization.

(b) “State agency” does not include all state courts and all commissions, departments and divisions in the judicial branch of state government, the Secretary of State and the State Treasurer. [2015 c.766 §6; 2017 c.746 §21]

Note: The amendments to 293.252 (Duties of Oregon Department of Administrative Services relating to state agency debt collection) by section 21, chapter 746, Oregon Laws 2017, become operative July 1, 2018. See section 24, chapter 746, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

293.252 (Duties of Oregon Department of Administrative Services relating to state agency debt collection). (1) The Oregon Department of Administrative Services shall monitor state agency debt collection functions described by law and assist state agencies in efforts to improve the collection of delinquent debts owed to state agencies. The department’s duties under this subsection include, but are not limited to:

(a) Providing training to state agencies regarding processing and managing accounts receivable in compliance with applicable law and state policies.

(b) Providing technical assistance to state agencies in resolving challenges in processing and managing accounts receivable and developing financial administrative systems to improve the handling of liquidated and delinquent accounts.

(c) Developing performance standards for state debt collection, including but not limited to standards defining what constitutes liquidated and delinquent accounts and when state agencies may write off debt pursuant to ORS 293.240 (Writing off uncollectible debts due state agency).

(d) Working with state agencies to improve the quality and value of data that each state agency submits to the Legislative Fiscal Office for purposes of ORS 293.229 (Liquidated and delinquent accounts of state agency).

(e) Submitting an annual management report to the Legislative Assembly not later than December 31 of each fiscal year, in conjunction with the report of the Legislative Fiscal Office produced under ORS 293.229 (Liquidated and delinquent accounts of state agency), that identifies important issues and significant trends in state agency debt collection practices and describes and evaluates efforts by state agencies to improve the collection of delinquent debt.

(2) The department shall adopt policies:

(a) Providing guidance for the collection of liquidated and delinquent accounts owing to state agencies.

(b) Setting procedures for state agencies to account for and manage information regarding the agency’s liquidated and delinquent accounts.

(c) After consultation with the Attorney General, setting criteria for effective and efficient assignment of liquidated and delinquent accounts to the Department of Revenue or private collection agencies, and setting performance measurements to be used in the application of the criteria.

(d) For the allocation, form and amount of charges or fees added to liquidated and delinquent accounts under ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency), 293.250 (Collections Unit) and 697.105 (Fee for collection of debt owed public body).

(e) Setting exemptions or adjustments for state agencies that are prohibited by law from adding or collecting fees under ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency), 293.250 (Collections Unit) or 697.105 (Fee for collection of debt owed public body) and for agencies for which the addition or collection of the fees is not feasible given the agency resources available for collection of accounts receivable.

(f) For the improvement of communications regarding liquidated and delinquent accounts between state agencies, private collection agencies and the Department of Revenue.

(g) Describing conditions under which a state agency may request and collect Social Security numbers in accordance with state and federal law when it is reasonably foreseeable that a person may owe the state agency a liquidated and delinquent amount as a result of a transaction or activity.

(h) After consultation with the Attorney General, setting criteria under which state agencies and private collection agencies may propose and accept offers of compromise as provided in ORS 293.240 (Writing off uncollectible debts due state agency).

(3) As used in this section:

(a) “State agency” means any state officer, board, commission, corporation, institution, department or other state organization.

(b) “State agency” does not include all state courts and all commissions, departments and divisions in the judicial branch of state government, the Secretary of State and the State Treasurer.

Note: 293.252 (Duties of Oregon Department of Administrative Services relating to state agency debt collection) to 293.258 (Delinquent Accounts Administration Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Where prop­erty tax refund was intercepted by respondent to recover costs pre­vi­ously awarded in unemploy­ment compensa­tion pro­ceed­ing and peti­tioner filed peti­tion for review more than 60 days after original order but less than 60 days after amended order, amended order superseded and replaced original order so peti­tion was timely. Callahan v. Employ­ment Division, 97 Or App 234, 776 P2d 21 (1989)

Chapter 293

Atty. Gen. Opinions

Duty or authority of Secretary of State to con­duct performance audits, (1985) Vol. 44, p 381

1 Legislative Counsel Committee, CHAPTER 293—Administration of Public Funds, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors293.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 293, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano293.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.