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2015 Oregon Revised Statutes
Volume : 07 - Public Facilities, Finance
Chapter 293 - Administration of Public Funds
Section 293.265 - Disposition of collected moneys; accord and satisfaction; return of checks or money orders; rules.

Universal Citation:
OR Rev Stat ยง 293.265 (2015)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(1)(a) Except as provided in paragraph (b) of this subsection, it is the duty of the officer or other person or agent collecting, receiving, in possession of, or having the control of any state moneys or other funds, contributions or donations collected or received by, and to be expended by or on behalf of the state under the approval or supervision of any state agency, recognized by the laws of this state and having the power to collect and disburse state funds, to turn over all the moneys described in this section collected or received by or on account of the state agency, to the State Treasurer not later than one business day after collection or receipt of the moneys.

(b) The state agency may comply with paragraph (a) of this subsection by using a reasonable, longer period for the transmittal of particularly identified funds or categories of funds if it documents and maintains in its official files information that a valid business reason exists for using a longer transmittal period and that the period is no longer than necessary to satisfy that business reason. Upon request of the Division of Audits of the Secretary of State, the state agency shall submit a copy of the documentation to the division.

(2) The deposit by or on behalf of the state under the approval or supervision of any state agency of a check marked "paid in full," "payment in full," "full payment of a claim" or words of similar meaning does not establish an accord and satisfaction that binds the state or prevents the collection of the remaining amount owed upon the obligation unless an officer or employee with actual authority to settle claims has agreed in writing to accept the check as full payment of a disputed obligation.

(3) Notwithstanding the provisions of subsection (1) of this section, subject to limits on amount adopted pursuant to subsection (4) of this section, a state agency may return any bank check or money order received by the state agency, whenever such bank check or money order is incomplete or the report or record applied for is not available or releasable or the payment is not owed. The state agency shall keep a record of the check or money order returned, in the form prescribed by the Oregon Department of Administrative Services.

(4) After consultation with the State Treasurer, the department shall by rule limit the return, by a state agency, of a bank check or money order under subsection (3) of this section to checks or money orders of less than the amount specified in the rule.

(5) As used in this section, "state agency" means any state officer, board, commission, corporation, institution, department or other state organization whose costs are paid wholly or in part from funds held in the State Treasury.

[Formerly 291.436; 1969 c.141 §3; 1979 c.74 §1; 1989 c.205 §1; 1997 c.122 §1; 2015 c.17 §1]

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