2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › UNCLAIMED PROPERTY (§§ 38-13-101 — 38-13-1504) › Article 13 - REVISED UNIFORM UNCLAIMED PROPERTY ACT (§§ 38-13-101 — 38-13-1504) › Part 11 - DETERMINATION OF LIABILITY - PUTATIVE HOLDER REMEDIES (§§ 38-13-1101 — 38-13-1104) › Section 38-13-1101 - Informal conference

(1)
Not later than thirty days after receipt of a notice under section
38-13-1011
, a putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.
(2)
If a putative holder makes a timely request under subsection (1) of this section for an informal conference:
(a)
Not later than twenty days after the date of the request, the administrator shall set the time and place of the conference;
(b)
The administrator shall give the putative holder notice in a record of the time and place of the conference;
(c)
The conference may be held in person, by telephone, or by electronic means, as determined by the administrator;
(d)
The request tolls the ninety-day period under sections
38-13-1103
and
38-13-1104
until notice of a decision under subsection (2)(g) of this section has been given to the putative holder or the putative holder withdraws the request for the conference;
(e)
The conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;
(f)
The administrator or administrator's designee, with the approval of the administrator, may modify a determination made under section
38-13-1011
or withdraw it; and
(g)
The administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty days after the conference ends.
(3)
A conference under subsection (2) of this section is not an administrative remedy and is not a contested case subject to the "State Administrative Procedure Act", article
4
of title
24
. An oath is not required and the rules of evidence do not apply in the conference.
(4)
At a conference under subsection (2) of this section, the putative holder shall be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:
(a)
Discuss the determination made under section
38-13-1011
; and
(b)
Present any issue concerning the validity of the determination.
(5)
If the administrator fails to act within the period prescribed in subsection (2) of this section, the failure does not affect a right of the administrator; except that interest does not accrue on the amount for which the putative holder was determined to be liable under section
38-13-1011
during the period in which the administrator failed to act until the earlier of:
(a)
The date under section
38-13-1103
when the putative holder initiates administrative review or files an action under section
38-13-1104
; or
(b)
Ninety days after the putative holder received notice of the administrator's determination under section
38-13-1011
if no review was initiated under section
38-13-1103
and no action was filed under section
38-13-1104
.
(6)
The administrator may hold an informal conference with a putative holder about a determination under section
38-13-1011
without a request at any time before the putative holder initiates administrative review under section
38-13-1103
or files an action under section
38-13-1104
.
(7)
Interest and penalties under section
38-13-1204
continue to accrue on property not reported, paid, or delivered as required by this article 13 after the initiation, and during the pendency, of an informal conference under this section.
Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.
L. 2019: Entire article R&RE, (SB 19 -088), ch. 450, p. 450, § 1, effective 7/1/2020.