Oregon Administrative Rules|Section 441-890-0055 - Financial Responsibility Criteria for Individuals

                                                

Current through Register Vol. 60, No. 12, December 1, 2021

(1) For purposes of this rule, an individual is not financially responsible if the individual has shown a disregard of his or her own financial circumstances, taking into consideration the totality of the individual's financial circumstances.

(2) Factors that the director may consider in determining whether an individual has not demonstrated financial responsibility include, but are not limited to, the following:

(a) Current outstanding judgments or material litigation, excluding judgments solely as a result of medical expenses;
(b) Current outstanding tax liens or other government liens and filings;
(c) A foreclosure within the past three years and the type of property subject to foreclosure, whether residential or commercial;
(d) Pending or completed bankruptcy proceedings, and the length of time between two or more bankruptcy filings; or
(e) A pattern of seriously delinquent accounts within the past three years.

(3) In assessing the financial responsibility of the individual, the director may consider extenuating or mitigating factors, including but not limited to the following:

(a) Involuntary loss of job or income;
(b) Involuntary medical expenses;
(c) Divorce;
(d) Attempting workout arrangements with creditors; or
(e) Any other factor the director believes reflects circumstances beyond the control of the applicant.

Or. Admin. R. 441-890-0055

FSR 3-2018, adopt filed 04/16/2018, effective4/17/2018; FSR 16-2018, minor correction filed 05/16/2018, effective 5/16/2018

Statutory/Other Authority: ORS 86A.309

Statutes/Other Implemented: ORS 86A.309

This section was updated on 6/22/2018 by overlay.

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