Utah Admin. Code R966-1-40 - Holder Reimbursement

(1) A holder that pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if the holder:

(a) Paid the money to the administrator in error; or

(b) After paying the money to the administrator, paid money to a person the holder reasonably believed to be the legal owner.

(2) If a claim for reimbursement is made for a payment made on a negotiable instrument, the holder must submit proof that payment was made to a person the holder reasonably believed to be the legal owner of the property. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.

(3) If a holder is reimbursed by the administrator, the holder may also recover any income or gain that would have been paid by the administrator to the owner on an owner claim provided the holder paid the earned income or gain to the owner.

(4) A holder that delivers property other than money to the administrator may file a claim for return of the property from the administrator if:

(a) The holder delivered the property to the administrator in error; or,

(b) The apparent owner has claimed the property from the holder.

(5) If a claim for return of property is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the administrator in error.

(6) The administrator may make a determination that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this Section.

(7) A holder is not required to pay a fee or other charge for reimbursement or return of property.

(8) The administrator shall allow or deny a holder's claim not later than 90 days after the claim is complete and give the holder notice in a record of the decision. The administrator may grant an extension for reasonable cause.

(9) A claim will be considered complete when a holder 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 administrator's unclaimed property system.

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

(11) The holder may initiate a proceeding under Title 63G, Chapter 3, Utah Administrative Rulemaking Act for review of the administrator's decision on the earlier of 30 days following receipt of the notice of the administrator's decision or 120 days following the filing of a claim.

Notes

Utah Admin. Code R966-1-40

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