reglab/housing_qa huggingface dataset:
27 V.S.A. § 1543
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1543. Expenses and service charges of Administrator

§ 1543. Expenses and service charges of Administrator|Before making a deposit of funds received under this chapter to the General Fund, the Administrator may deduct:  (1) expenses of disposition of property delivered to the Administrator under this chapter; (2) costs of mailing and publication in connection with property delivered to the Administrator under this chapter; (3) reasonable service charges; (4) expenses incurred in examining records of or collecting property from a putative holder or holder; and (5) property valued at $100.00 or less more than 10 years after the abandoned property was received from the holder under subchapter 6 of this chapter shall be paid by the Administrator into the Vermont Higher Education Endowment Trust Fund created by 16 V.S.A. § 2885 under authority of this subdivision. For purposes of this subdivision, the value of the abandoned property shall be that value as of the date the property was received from the holder by the Administrator. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1544
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1544. Administrator holds property as custodian for owner

§ 1544. Administrator holds property as custodian for owner|Property received by the Administrator under this chapter is held in custody for the benefit of the owner and is not owned by the State. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1551
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1551. Claim of another state to recover property

§ 1551. Claim of another state to recover property|(a) If the Administrator knows that property held by the Administrator under this chapter is subject to a superior claim of another state, the Administrator shall:  (1) report and pay or deliver the property to the other state; or (2) return the property to the holder so that the holder may pay or deliver the property to the other state.   (b) The Administrator is not required to enter into an agreement to transfer property to the other state under subsection (a) of this section. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1552
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1552. When property subject to recovery by another state

§ 1552. When property subject to recovery by another state|(a) Property held under this chapter by the Administrator is subject to the right of another state to take custody of the property if:  (1) the property was paid or delivered to the Administrator because the records of the holder did not reflect a last-known address in the other state of the apparent owner and:  (A) the other state establishes that the last-known address of the apparent owner or other person entitled to the property was in the other state; or (B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;  (2) the records of the holder did not accurately identify the owner of the property, the last-known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment; (3) the property was subject to the custody of the Administrator of this State under section 1485 of this title and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or (4) the property:  (A) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the Administrator under section 1486 of this title; and (B) under the law of the other state, has become subject to a claim by the other state of abandonment.    (b) A claim by another state to recover property under this section must be presented in a form prescribed by the Administrator, unless the Administrator waives presentation of the form.(c) The Administrator shall decide a claim under this section not later than 90 days after it is presented. If the Administrator determines that the other state is entitled under subsection (a) to custody of the property, the Administrator shall allow the claim and pay or deliver the property to the other state.(d) The Administrator may require another state, before recovering property under this section, to agree to indemnify this State and its agents, officers, and employees against any liability on a claim to the property. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1553
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1553. Claim for property by person claiming to be owner

§ 1553. Claim for property by person claiming to be owner|(a) A person claiming to be the owner of property held under this chapter by the Administrator may file a claim for the property on a form prescribed by the Administrator. The claimant must verify the claim as to its completeness and accuracy.(b) The Administrator may waive the requirement in subsection (a) of this section and may pay or deliver property directly to a person if:  (1) the person receiving the property or payment is shown to be the apparent owner included on a report filed under section 1491 of this title; (2) the Administrator reasonably believes the person is entitled to receive the property or payment; and (3) the property has a value of less than $250.00. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1554
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1554. When Administrator must honor claim for property

§ 1554. When Administrator must honor claim for property|(a) The Administrator shall pay or deliver property to a claimant under subsection 1553(a) of this title if the Administrator receives evidence sufficient to establish to the satisfaction of the Administrator that the claimant is the owner of the property.(b) Not later than 90 days after a claim is filed under subsection 903(a), the Administrator shall allow or deny the claim and give the claimant notice in a record of the decision.(c) If the claim is denied under subsection (b) of this section:  (1) the Administrator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed; (2) the claimant may file an amended claim with the Administrator or commence an action under section 1556 of this title; and (3) the Administrator shall consider an amended claim filed under subdivision (2) of this subsection as an initial claim.   (d) If the Administrator does not take action on a claim during the 90-day period following the filing of a claim under subsection 1553(a) of this title, the claim is deemed denied. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1555
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1555. Allowance of claim for property

§ 1555. Allowance of claim for property|(a) Not later than 30 days after a claim is allowed under subsection 1554(b) of this title, the Administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under section 1517 of this title. On request of the owner, the Administrator may sell or liquidate a security and pay the net proceeds to the owner, even if the security had been held by the Administrator for less than three years or the Administrator has not complied with the notice requirements under section 1532 of this title.(b) Property held under this chapter by the Administrator is subject to a claim for the payment of an enforceable debt the owner owes in this State for:  (1) child-support arrearages, including child-support collection costs and child-support arrearages that are combined with maintenance; (2) a civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or (3) state taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the appropriate authority.   (c) Before delivery or payment to an owner under subsection (a) of this section of property or payment to the owner of net proceeds of a sale of the property, the Administrator first shall apply the property or net proceeds to a debt under subsection (b) of this section the Administrator determines is owed by the owner. The Administrator shall pay the amount to the appropriate State agency and the State agency notify the owner of the payment.(d) The Administrator may make periodic inquiries of State agencies in the absence of a claim filed under section 1553 of this title to determine whether an apparent owner included in the unclaimed property records of this State have enforceable debts described in subsection (b) of this section. The Administrator first shall apply the property or net proceeds of a sale of property held by the Administrator to a debt under subsection (b) of this section of an apparent owner that appears in the records of the Administrator and deliver the amount to the appropriate State agency. The Administrator shall notify the apparent owner of the payment. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1556
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1556. Action by person whose claim is denied

§ 1556. Action by person whose claim is denied|Not later than one year after filing a claim under subsection 1553(a) of this title, the claimant may commence an action against the Administrator in the Civil Division of the Washington County Superior Court to establish a claim that has been denied or deemed denied under subsection 1553(d) of this title. On final determination of the action, the court may, on application, award to the prevailing party its reasonable attorney's fees, costs, and expenses of litigation. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1557
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1557. Deceased owners; multiple claimants

§ 1557. Deceased owners; multiple claimants|(a) If the Administrator holds unclaimed property in the name of a deceased owner, the Administrator may deliver the property as follows:  (1) In the case of an open estate, to the Administrator or executor. (2) In the case of a closed estate and the unclaimed property is valued at less than $5,000.00, in accordance with the Probate Division of the Superior Court decree of distribution. (3) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the unclaimed property is valued at less than $5,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 314. (4) In all other cases where the Administrator holds property in the name of a deceased owner, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the unclaimed property. Where an estate is opened solely to distribute unclaimed property under this section, the Probate Division of the Superior Court may waive any filing fees.   (b) If the Administrator holds unclaimed property valued at $250.00 or less that more than one person owns, the Administrator may deliver the property as follows:  (1) If the property has been listed on the Administrator's website for less than one year, a proportionate share to each of the persons who owns the property and who files a claim. (2) If the property has been listed on the Administrator's website for a year or more, to the first person who files a claim and who owns at least a share of the property. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1561
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1561. Verified report of property

§ 1561. Verified report of property|If a person does not file a report required by section 1491 of this title or the Administrator believes that a person may have filed an inaccurate, incomplete, or false report, the Administrator may require the person to file a verified report in a form prescribed by the Administrator. The verified report must:  (1) state whether the person is holding property reportable under this chapter; (2) describe property not previously reported or about which the Administrator has inquired; (3) specifically identify property described under subdivision (2) of this section about which there is a dispute whether it is reportable under this chapter; and (4) state the amount or value of the property. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1562
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1562. Examination of records to determine compliance

§ 1562. Examination of records to determine compliance|The Administrator, at reasonable times and on reasonable notice, may:  (1) examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the person has complied with this chapter; (2) issue an administrative subpoena requiring the person or agent of the person to make records available for examination; and (3) bring an action seeking judicial enforcement of the subpoena. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1563
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1563. Rules for conducting examination

§ 1563. Rules for conducting examination|(a) The Administrator shall adopt rules governing procedures and standards for an examination under section 1562 of this title, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.(b) An examination under section 1562 of this title must be performed under rules adopted under subsection (a) of this section and with generally accepted examination practices and standards applicable to an unclaimed-property examination.(c) If a person subject to examination under section 1562 of this title has filed the reports required under sections 1491 and 1561 of this title and has retained the records required by section 1494 of this title, the following rules apply:  (1) The examination must include a review of the person's records. (2) The examination may not be based on an estimate unless the person expressly consents in a record to the use of an estimate. (3) The person conducting the examination shall consider the evidence presented in good faith by the person in preparing the findings of the examination under section 1567 of this title. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1564
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1564. Records obtained in examination

§ 1564. Records obtained in examination|Records obtained and records, including work papers, compiled by the Administrator in the course of conducting an examination under section 1562 of this title:  (1) are subject to the confidentiality and security provisions of subchapter 14 of this chapter and are not public records; (2) may be used by the Administrator in an action to collect property or otherwise enforce this chapter; (3) may be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to subchapter 14 of this chapter; (4) must be disclosed, on request, to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in this subchapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to subchapter 14 of this chapter; (5) must be produced by the Administrator under an administrative or judicial subpoena or administrative or court order; and (6) must be produced by the Administrator on request of the person subject to the examination in an administrative or judicial proceeding relating to the property. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1565
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1565. Evidence of unpaid debt or undischarged obligation

§ 1565. Evidence of unpaid debt or undischarged obligation|(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.(b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection (a) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.(c) A putative holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:  (1) issued as an unaccepted offer in settlement of an unliquidated amount; (2) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected; (3) issued to a party affiliated with the issuer; (4) paid, satisfied, or discharged; (5) issued in error; (6) issued without consideration; (7) issued but there was a failure of consideration; (8) voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or (9) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.   (d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1566
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1566. Failure of person examined to retain records

§ 1566. Failure of person examined to retain records|If a person subject to examination under section 1562 of this title does not retain the records required by section 1494 of this title, the Administrator may determine the value of property due using a reasonable method of estimation based on all information available to the Administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under subsection 1563(a) of this title and in accord with subsection 1563(b) of this title. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1567
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1567. Report to person whose records were examined

§ 1567. Report to person whose records were examined|(a) At the conclusion of an examination under section 1002 of this title, the Administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies:  (1) the work performed; (2) the property types reviewed; (3) the methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination; (4) each calculation showing the value of property determined to be due; and (5) the findings of the person conducting the examination.   (b) If an examination of the records of a person results in the disclosure of property reportable under this chapter, the Administrator may assess the cost of the examination against the holder at the rate of $200.00 per day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1568
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1568. Complaint to Administrator about conduct of person conducting examination

§ 1568. Complaint to Administrator about conduct of person conducting examination|(a) If a person subject to examination under section 1562 of this title believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the Administrator to intervene and take appropriate remedial action, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.(b) If a person in a record requests a conference with the Administrator to present matters that are the basis of a request under subsection (a) of this section, the Administrator shall hold the conference not later than 30 days after receiving the request. The Administrator may hold the conference in person, by telephone, or by electronic means.(c) If a conference is held under subsection (b) of this section, not later than 30 days after the conference ends, the Administrator shall provide a report in a record of the conference to the person that requested the conference. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)
27 V.S.A. § 1569
2021 Vermont Statutes|Title 27 - Property|Chapter 18 - Unclaimed Property|§ 1569. Administrator's contract with another to conduct examination

§ 1569. Administrator's contract with another to conduct examination|(a) As used in this section, "related to the Administrator" refers to an individual who is:  (1) the Administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary; (2) the Administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, halfsibling, aunt, uncle, niece, or nephew; (3) a spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under subdivision (2) of this subsection; or (4) any individual residing in the Administrator's household.   (b) The Administrator may contract with a person to conduct an examination under this subchapter. The contract may be awarded only under contracting policies and standards approved by the Vermont Secretary of Administration.(c) If the person with which the Administrator contracts under subsection (b) of this section is:  (1) an individual, the individual may not be related to the Administrator; or (2) a business entity, the entity may not be owned in whole or in part by the Administrator or an individual related to the Administrator.   (d) At least 60 days before assigning a person under contract with the Administrator under subsection (b) of this section to conduct an examination, the Administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.(e) If the Administrator contracts with a person under subsection (b) of this section:  (1) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee; (2) a contingent fee arrangement may not provide for a payment that exceeds 10 percent of the amount or value of property paid or delivered as a result of the examination; and (3) on request by a person subject to examination by a contractor, the Administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)