N.Y. Comp. Codes R. & Regs. Tit. 2 § 131.10 - Decision and review
(a) Upon completion
of the presentations of the claimant/payee and the Office of Unclaimed Funds,
and upon submission of all evidence in connection therewith, the hearing
officer shall render a written decision upon the merits. Such decision shall
set forth findings of fact and conclusions of law or reasons for the
decision.
(b) A decision shall be
in the form of a recommendation, signed by the hearing officer, to the Office
of Unclaimed Funds. Within 10 business days of receipt of such a
recommendation, the comptroller shall make a written final determination with
respect to such decision. The final determination shall set forth findings of
facts and conclusions of law or reasons for the determination, provided that
the final determination may adopt the findings of fact and conclusions of law
or reasons as set forth in the decision of the hearing officer. The
comptroller's final determination shall be served upon the claimant/payee or
the claimant/payee's counsel by mail, provided that where such determination in
whole or in part affirms the comptroller's determination of an erroneous
payment, the determination shall be served by certified mail upon the
claimant/payee, or where the claimant/payee is represented by counsel, then
upon the claimant/payee's counsel.
(c) Any decision of a hearing officer or any
determination by the comptroller shall be deemed final upon the date of the
mailing of such decision of determination.
Notes
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