(1) If a state agency has made all reasonable efforts to collect money owed to the agency and has determined that the money and any interest or penalties on the money are uncollectible, the agency may write off the debt on its accounts.

Terms Used In Oregon Statutes 293.240

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111

(2) Before determining that money is uncollectible under subsection (1) of this section, a state agency must adopt criteria for determining when money is uncollectible. The criteria must include the right of offset and must be approved by the Attorney General.

(3)(a) A state agency, the Department of Revenue collecting on an account under ORS § 293.250 or a private collection agency collecting on an account under ORS § 293.231 may propose and accept offers of compromise for settlement of a debt owed to a state agency. Before proposing or accepting an offer of compromise, a state agency must adopt criteria for determining when offers of compromise may be made. The criteria must be approved by:

(A) The Attorney General in the case of the Secretary of State and State Treasurer;

(B) The Chief Justice in the case of all state courts and all commissions, departments and divisions in the judicial branch of state government; or

(C) The Oregon Department of Administrative Services and the Attorney General in the case of other state agencies.

(b) A private collection agency or the Department of Revenue shall accept an offer of compromise for settlement of a debt owed to a state agency:

(A) In accordance with the criteria adopted by the state agency to which the debt is owed; and

(B) With the authorization of the state agency to which the debt is owed.

(c) This subsection does not allow the compromise of the amount of restitution or a compensatory fine in a criminal money judgment.

(4) This section does not apply to debts owed to a state agency for which a procedure for compromise, release, discharge, waiver, cancellation or other form of settlement for the debt for reasons other than uncollectibility is by law made specially applicable to the state agency. [1965 c.448 § 2; 1971 c.604 § 3; 1991 c.567 § 3; 1999 c.1092 § 5; 2011 c.223 § 1; 2015 c.766 § 4; 2017 c.746 § 20; 2021 c.215 § 2]

 

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