Utah Admin. Code R966-1-34 - Filing of Claims

(1) Claimants may file claims with the administrator either in writing on forms prescribed by the administrator or through completion of a form on the administrator's website.

(2) Claims shall be verified or signed by the claimant under penalty of perjury.

(3) A claim will be considered complete when a claimant has provided all the information and documentation requested by the administrator as necessary to establish legal ownership and such information or documentation is entered into the unclaimed property system. Unless extended for reasonable cause, the administrator shall issue a decision no later than 90 days after a claim is complete.

(4) If a claimant is unable to provide documentation sufficient to establish ownership by a preponderance of the evidence, the claimant may request that the administrator formally deny the claim in order to allow the claimant to commence a contested case pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act for review of the administrator's decision.

(5) Closing claims

(a) If a claimant fails to provide information and documentation necessary to establish legal ownership of the property by a preponderance of the evidence and the claim is inactive for at least 90 days, then the administrator may close the claim without issuing a final decision.

(b) If the claimant makes a request in writing for a final decision prior to the administrator's closing of the claim, the administrator shall issue a final decision.

(c) If, after a claim is closed, a claimant subsequently provides additional information or documentation concerning the same property, the administrator shall re-open the existing claim.

(6) If a claimant is denied by the Administrator in a final decision, the claimant may file a written request for review of the denial of claim pursuant to Utah Code Section 63G-4-201, and in accordance with this rule to the Utah State Treasurer within 30 days from the date on the denial letter.

(a) Failure to submit a timely request for review constitutes a waiver of review. The aggrieved person must then mail or fax the form to the address or fax number contained on the denial of claim letter.

(b) The Treasurer considers a request via mail to be filed on the date of the postmark. If the postmark date is illegible, erroneous, or omitted, the Treasurer considers the request to be filed on the date it is received, unless the sender can demonstrate through convincing evidence that it was mailed before the date of receipt.

(7) Unless otherwise provided in this section, an informal adjudicative proceeding shall be conducted in accordance with Utah Code Sections 63G-4-202 and 203.

(a) The claimant has the burden of proof and must establish by preponderance of the evidence that the Administrator applied the law incorrectly, and or that the decision was not supported by the evidence presented.

(b) The claimant may submit evidence and a written statement which includes the following:

(i) a statement of the relief that the claimant seeks;

(ii) a statement of the facts; and

(iii) a statement summarizing the reasons that the relief requested should be granted.

(b) Formal rules of evidence shall not apply.

(c) Discovery is prohibited.

(8) Within a reasonable time, not to exceed 60 days after the submission of the evidence and written statement, the Utah State Treasurer shall issue a final agency order that includes a finding of fact and conclusions of law, and time limits for appeals rights, and administrative or judicial review in accordance with Utah Code Subsection 63G-4-203(i).

Notes

Utah Admin. Code R966-1-34

Adopted by Utah State Bulletin Number 2020-05, effective 1/22/2020