ORS § 411.703

Current through 2024 Regular Session legislation effective June 6, 2024
Section 411.703 - Issuance of warrants for overpayment of public assistance or medical assistance
(1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may:
(a) Issue a warrant that meets the requirements of ORS 205.125 for the overpayment; and
(b) Present a warrant issued under this section for recordation in the County Clerk Lien Record of the county clerk of any county in the state.
(2) The warrant must include the principal amount of the overpayment, interest accumulated pursuant to ORS 82.010 or other applicable law, costs associated with recording, indexing and serving the warrant and costs associated with an instrument evidencing satisfaction or release of the warrant.
(3) The department or the authority shall mail a copy of the warrant to the debtor at the last known address of the debtor.
(4) Upon receipt of the warrant for recordation, the county clerk shall record the warrant in the manner provided in ORS 205.125.
(5) Upon issuance of the warrant, the department or the authority may issue a notice of garnishment in accordance with ORS 18.854.
(6) Upon recording, the warrant:
(a) Has the effect described in ORS 205.125 and 205.126; and
(b) May be enforced as provided in ORS 18.854 and 205.126.

ORS 411.703

Amended by 2013 Ch. 688,§ 59, eff. 7/29/2013, op. 1/1/2014.
2003 c. 663, § 2; 2007 c. 118, § 2; 2009 c. 599, § 19; 2011 c. 720, § 124