Or. Admin. Code § 122-085-0200

Current through Register Vol. 63, No. 11, November 1, 2024

Section 122-085-0200 - Voluntary collection of Social Security numbers for use in collecting debts owed to the state

(1) For purposes of this rule "state agency" is defined as any state officer, board, commission corporation, institution, department or other state organization except for state courts and commissions, departments and divisions of the Judicial branch of state government, the Secretary of State or the State Treasurer.

(2) The purpose of this rule is to provide standards for state agencies when requesting a person to voluntarily provide the person's Social Security number on any document relating to a monetary obligation or transaction for use in collecting debts owed to the state of Oregon. This rule does not apply to a Social Security number that is required to be provided under state or federal law.

(3) Where reasonable and unless otherwise prohibited by state or federal law, a state agency may request a person to voluntarily provide their Social Security number when there is a real or potential monetary obligation or transaction,

(a) When requesting a Social Security number, the state agency must notify the person clearly in writing:

(A) that providing their Social Security number is voluntary,

(B) the state agency is requesting the Social Security number for use in collecting debts owed to the state of Oregon,

(C) that the Social Security number will be properly secured as required by the Oregon Consumer Identity Theft Protection Act (ORS 646A.600-646A.628).

(b) State agencies must follow federal and Oregon state guidelines for the protection of Social Security numbers collected under sections of this rule. If for any reason a state agency is unable to properly secure and protect Social Security numbers it may not ask a person to voluntarily provide their Social Security number.

(c) Except as otherwise prohibited by federal or state law, any state agency may share Social Security numbers collected under section 3 of this rule as necessary for use in collecting debts owed to the state of Oregon.

(A) State agencies that share Social Security numbers shall do so in a manner that is in compliance with all Oregon Identity Theft Protection Act requirements contained in ORS 646A.600.

(B) State agencies may not share a Social Security number with another entity that is not able to properly secure and protect the Social Security number in accordance with federal and Oregon state guidelines.

Or. Admin. Code § 122-085-0200

DCFO 1-2018, temporary adopt filed 06/05/2018, effective 07/01/2018 through 12/01/2018; DCFO 2-2018, adopt filed 11/29/2018, effective 12/1/2018

Statutory/Other Authority: ORS 293.226

Statutes/Other Implemented: ORS 293.226(2)