reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.7 - Adjournment of hearings and scheduling of subsequent hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the absence of unforeseeable
				circumstances, a request for adjournment of the first date of any hearing must
				be submitted to the Bureau of Unclaimed Funds at least two business days or 48
				hours, whichever is longer, prior to the scheduled date of such
				hearing.
(b) The adjournment of the
				initial hearing will be granted by the Bureau of Unclaimed Funds with the
				understanding that the claimant or the claimant's counsel, within 20 days after
				the adjournment, shall advise the Bureau of Unclaimed Funds of such date or
				dates convenient for the scheduling of a subsequent hearing. Failure to advise
				the Bureau of Unclaimed Funds of such date or dates will result in a hearing
				being scheduled by the Bureau of Unclaimed Funds without further consultation
				with the claimant or the claimant's counsel.
(c) Any request for an adjournment made
				during the course of a hearing shall be addressed to the hearing officer who
				shall have sole authority to grant or deny such request. If an adjournment is
				granted, the hearing officer shall schedule the date of resumption of the
				hearing upon consultation with the parties if the hearing officer so
				desires.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.8 - Failure of claimant to appear

Current through Register Vol. 46, No. 28, July 10, 2024
The failure of the claimant or his representative to appear
				  at a scheduled hearing without a timely and proper adjournment pursuant to
				  section
				  119.7 
				  of this Part will result in a dismissal of the claim for failure to
				  prosecute.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.9 - Decision and review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon completion of the cases of the claimant and the Bureau 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 Bureau
				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 claim. 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 or the
				claimant's counsel by mail, provided that where such determination in whole or
				in part affirms a denial of the claim, the determination shall be served by
				certified mail upon the claimant, or where the claimant is represented by
				counsel, then upon the claimant'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.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 120 - Procedures For Qualifying Certain Energy Conservation Expenses For Reimbursement › Section 120.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement the provisions of
				  section 127-a  of the State Finance Law. Chapter
				  706 of the Laws of 1982 added paragraph g to section 5-107(1) of the Energy Law
				  and section
				  127-a to the State Finance Law. Paragraph
				  (g) requires the State Energy Office to assist in the establishment of
				  procedures to qualify certain energy conservation expenses for reimbursement
				  pursuant to section 127-a. Section 127-a provides that any facility, which has
				  a current operating certificate issued by a State agency and is receiving
				  reimbursement from such agency for qualified energy expenses, may annually
				  apply to the agency to have included in such reimbursement, expenses incurred
				  after July 1, 1982, and actually paid in each fiscal year, or, qualified
				  expenses actually paid but not reimbursed in previous years, for construction,
				  alteration, repair or improvement of the facility's capital assets for the
				  purpose of conservation of energy. Such reimbursement is subject to the proviso
				  that:
(a) the reimbursement for such
				expenses in any year does not exceed the estimated cost of energy saved in that
				year;
(b) the length of time of
				such payments does not exceed the estimated life of the energy conservation
				measures or the property affected, but in no event is greater than 15 years;
				and
(c) such estimates have been
				made in accordance with procedures established by the Department of Audit and
				Control.
Section 127-a further provides that the Comptroller shall
				  promulgate rules and regulations for the implementation of the
				  section.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 120 - Procedures For Qualifying Certain Energy Conservation Expenses For Reimbursement › Section 120.2 - Development of procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each State agency which issues an operating certificate and makes reimbursement
				to a facility for qualified energy expenses shall develop proposed procedures
				to qualify for reimbursement pursuant to section 127-a  of the State Finance Law for
				expenses incurred by such facility for construction, alteration, repair or
				improvement of the facility's capital assets for the purpose of conservation of
				energy.
(b) In developing such
				proposed procedures, each such agency shall seek the assistance of the State
				Energy Office and the State Energy Office shall provide such assistance in
				accordance with section 5-107(1)(g) of the Energy Law and this Part.
(c) The proposed procedures shall include the
				following:
(1) a procedure for processing
				applications for reimbursement of qualified energy conservation
				expenses;
(2) a procedure for
				determining the "estimated cost of energy saved" in a fiscal year;
				and
(3) a procedure for determining
				the "estimated life of the energy conservation measures or the property
				affected," including guideline estimated lives for such measures.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 120 - Procedures For Qualifying Certain Energy Conservation Expenses For Reimbursement › Section 120.3 - Establishment of procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within 120 days after this Part takes effect, or on such later date as the
				State Energy Office shall determine, each agency shall submit the proposed
				procedures which it has developed to the State Energy Office for its final
				review and approval. The State Energy Office shall monitor the proposed
				procedures of all agencies for completeness, accuracy, feasibility and overall
				consistency and modify the proposed procedures in consultation with any agency
				affected, in such manner as it deems appropriate. Upon completion of its review
				of the proposed procedures, as modified, the State Energy Office shall approve
				them, in writing and submit them to the State Comptroller no later than 45 days
				after it shall have received the proposed procedures from the agencies or on
				such later date as the State Comptroller shall determine.
(b) The State Comptroller shall forthwith
				review all the proposed procedures of all agencies as approved and modified by
				the State Energy Office and modify them in such manner as he deems appropriate,
				in consultation with the State Energy Office and any agency affected by a
				proposed modification. Upon completion of his review of the proposed
				procedures, the State Comptroller shall approve them, and, as modified they
				shall constitute the procedures established by the Department of Audit and
				Control for the purpose of qualifying energy conservation expenses for
				reimbursement and shall be used by the State Comptroller as a basis for his
				audit of reimbursement of energy conservation expenses. A copy of such
				procedures shall be on file in the office of the State Comptroller in Albany
				and shall be available for inspection and copying by any interested
				party.
(c) The procedures may be
				amended or modified at any time by the State Comptroller after 10 days' written
				notice to the State Energy Office and any agency affected. Any such amendment
				or modification shall also be kept on file in the office of the State
				Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 121 - Claims For Refund Of Abandoned Condemnation Awards › Section 121.1 - Claims for refund of abandoned condemnation awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Claims less than $500.
(1) Every claimant to an award less than $500
				shall be required to submit:
(i) a petition as
				hereinafter described;
(ii) a
				certified copy of the instrument by which he or she acquired title;
				and
(iii) a certified copy of the
				damage parcel map.
The claimant shall be required to annex to his petition
				  copies of all papers involved in the chain of title for the 20 years
				  immediately prior to the condemnation. The claimant must serve copies of the
				  petition upon all interested parties so that all persons having adverse claims
				  may present such claims to the State Comptroller in advance of his final
				  determination. The petition referred to above must be verified, and set forth
				  the true name and residence address of the claimant. The petition should recite
				  in detail the basis of the claim and complete chain of title to the property
				  covered by the award in question for at least 20 years prior to the time title
				  vested in the condemnor or the date of the last full covenant and warranty
				  deed, if there has been no such conveyance within the 20-year period. The
				  petition should contain a recital that the claimant has not assigned the award
				  and the said petition is made for the purpose of inducing the State Comptroller
				  to pay over the award in question. Petition forms are available upon request
				  from the Office of the State Comptroller, Division of Legal Services, 110 State
				  Street, Albany, NY 12236-0001.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 122 - Surety Bond Requirement In Certain Abandoned Property Claims › Section 122.1 - Surety bond requirement in certain abandoned property claims

Current through Register Vol. 46, No. 28, July 10, 2024
As a condition precedent to payment of a refund of abandoned
				  property held by him, the State Comptroller may require that the claimant
				  furnish him with a surety bond, issued by a corporate surety authorized to do
				  business in this State, wherein the principal and surety will agree to save
				  harmless the State of New York, the State Comptroller and his successors in
				  office, from any loss or damage by reason of the payment to the
				  claimant.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.1 - Filing of abandoned property reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All holders of abandoned property
				required to report such property pursuant to the Abandoned Property Law may
				submit their reports of abandoned property using an approved electronic format
				or on form AC 2686, Report of Abandoned Property (Appendices 16 and 16-A of
				this Title, infra). "Approved electronic format" shall consist of formats
				approved by the Comptroller. In no event will magnetic cartridges be permitted
				or accepted as an approved electronic format by the Comptroller. Information
				concerning approved electronic formats may be obtained by contacting the
				Comptroller's Office of Unclaimed Funds.
(b) All reports of abandoned property,
				whether on an approved electronic format, or on form AC 2686, must be
				accompanied by a completed and notarized form AC 2709, Verification and
				Checklist for Unclaimed Property (Appendices 17 and 17-A of this Title, infra),
				signed by an authorized officer certifying that said report is true and
				complete to the best of said authorized officer's knowledge.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.3 - Negative reports

Current through Register Vol. 46, No. 28, July 10, 2024
Organizations which neither hold nor owe abandoned property,
				  but are required by the applicable provisions of the Abandoned Property Law to
				  submit an abandoned property report, shall submit a negative report consisting
				  of form AC 2709, Verification and Checklist for Unclaimed Property (Appendices
				  17 and 17-A of this Title, infra), showing the report date, all requested
				  information identifying the reporting organization, contact personnel, and the
				  word "None" entered on each of the "Totals" lines. The form must be signed by
				  an authorized officer of the reporting organization whose signature must be
				  notarized. Holders are responsible for ascertaining whether the Abandoned
				  Property Law requires their organizations to file negative
				  reports.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.4 - Time of filing abandoned property reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All reports of abandoned property,
				including negative reports and preliminary reports, shall be filed at the times
				required by the provisions of the Abandoned Property Law pertaining to the
				particular type of holding organization. Holders are responsible for
				determining when they are required to file reports applicable to their
				organizations.
(b) Upon written
				approval of the administrator of the Office of Unclaimed Funds, the time for
				filing required reports may be extended upon request by a holder. No such
				approval may be granted unless:
(1) such
				request is made in writing prior to the time such report is due; and
(2) in the absence of a written request prior
				to the time such report is due, the administrator determines that special
				circumstances warrant approval of the request for extension.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.5 - Manual reporting instructions

Current through Register Vol. 46, No. 28, July 10, 2024
Reports filed manually on form AC 2686 must be typewritten
				  and shall be prepared in accordance with the instructions for preparing
				  abandoned property reports--as set forth in the Handbook for Reporters of
				  Unclaimed Funds.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.7 - Delivery of securities

Current through Register Vol. 46, No. 28, July 10, 2024
All reported positions must be delivered at the time the
				  abandoned property reports are filed. It is recommended that, where possible
				  the delivery of abandoned securities to the State Comptroller be made by means
				  of book entries via the Depository Trust Company (DTC). The following
				  instructions relate to the reporting of abandoned securities whether the report
				  is in an electronic format or on paper form AC 2686, Report of Abandoned
				  Property, for securities physically delivered to the Office of Unclaimed Funds,
				  transmitted via DTC to the Office of Unclaimed Funds' broker, or transferred to
				  an account registered to the State Comptroller.
(a) DTC wire transfer.
(1) All regular securities information must
				be completed.
(2) Place the letter
				"D" in the method of transfer field.
(3) In addition to the regular security
				information all DTC wire transfers must contain additional delivery
				instructions. For the additional delivery instructions please call the Office
				of Unclaimed Funds at (800) 221-9311 in New York State, outside New York (518)
				270-2200.
(4) Send all DTC wire
				notices with your abandoned property report.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.8 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Holders failing to file full and complete reports in the
				  manner prescribed by the Comptroller may be subject to the penalty provisions
				  of section 1412  of the Abandoned Property Law. These
				  provisions include a $100 per day penalty for each day any report or affidavit
				  required by such law shall be willfully delayed or withheld.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 123 - Forms And Procedures For The Reporting And Payment Of Abandoned Property › Section 123.9 - Information, written requests and filing of reports and remittances

Current through Register Vol. 46, No. 28, July 10, 2024
Reports, remittances and requests for extensions, waivers,
				  additional information or forms should be referred to New York State
				  Comptroller, Office of Unclaimed Funds, 110 State Street, Albany, NY
				  12236-0001, (800) 221-9311 in New York State, outside New York (518)
				  270-2200.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 124 - Procedure For The Voluntary Disposition Of Intangible Personal Property › Section 124.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, section 1310  of the Abandoned Property Law, as
				  added by chapter 592 of the Laws of 1993, directs the Comptroller to adopt
				  regulations governing the acceptance of the voluntary disposition of any
				  intangible personal property not otherwise subject to the Abandoned Property
				  Law; and
WHEREAS, section 1414  of the Abandoned Property Law
				  authorizes the Comptroller to promulgate such rules and regulations as the
				  Comptroller may deem necessary to enforce the provisions of the Abandoned
				  Property Law, it is, therefore, hereby:
Determined that the following rules and regulations be
				  promulgated to establish the procedure to be followed for the voluntary
				  disposition of intangible personal property, as authorized by section 1310  of the Abandoned Property
				  Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 124 - Procedure For The Voluntary Disposition Of Intangible Personal Property › Section 124.2 - Request

Current through Register Vol. 46, No. 28, July 10, 2024
A request for the voluntary disposition of intangible
				  personal property (including but not limited to currency and the proceeds of
				  the sale of tangible property) not otherwise subject to the Abandoned Property
				  Law shall be in the form of a sworn notarized statement which specifically and
				  plainly states the following:
(a) the
				petitioner holds or is in possession of intangible personal property which has
				remained unclaimed for a period of two years or more by the person or persons
				appearing to be entitled to possess such property;
(b) the measures taken by the petitioner
				constituting a diligent search for the whereabouts of the entitled person or
				persons;
(c) upon information and
				belief, the entitled person or persons have made no attempt to claim the
				property; and
(d) the petitioner
				desires to deliver the property to the State Comptroller pursuant to section 1310  of the Abandoned Property
				Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 124 - Procedure For The Voluntary Disposition Of Intangible Personal Property › Section 124.3 - Determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days
				of the receipt of a request pursuant to section
				124.2, the Comptroller
				shall send a written determination to the petitioner which shall either:
(1) consent to the request;
(2) consent to the request subject to such
				conditions as the Comptroller deems necessary and appropriate; or
(3) deny the request.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 124 - Procedure For The Voluntary Disposition Of Intangible Personal Property › Section 124.4 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
The period of time within which the petitioner may make
				  application for review of the Comptroller's determination pursuant to article
				  78 of the Civil Practice Law and Rules shall begin to run five days after the
				  mailing of such determination.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 124 - Procedure For The Voluntary Disposition Of Intangible Personal Property › Section 124.5 - Payment or delivery of property

Current through Register Vol. 46, No. 28, July 10, 2024
Payment or delivery of property pursuant to this section
				  shall be accompanied by:
(a) an
				abandoned property report in a format as designated by the
				Comptroller;
(b) the last known
				mailing address, social security number and any other identifying information
				regarding the person or persons entitled to the property; and
(c) if no identifying information is
				available, the petitioner's statement indicating that such information is not
				available.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 125 › Section 125.1

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Electronic
				Contact. For the purposes of satisfying the dormancy requirements in the
				Abandoned Property Law, the following methods of electronic contact and
				electronic account activity shall constitute "written communication",
				"writing", and "written evidence", as used in the Abandoned Property Law:
(1) the receipt of electronic mail (email)
				communication from the entitled account holder of the property that matches the
				registered email address on record; or
(2) evidence that the entitled account holder
				has accessed their personal account through the electronic method made
				available by the holder of the property, including but not limited to, a
				website, mobile application, or any other reasonable electronic
				method.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 126 › Section 126.1 - Deceased Persons

Current through Register Vol. 46, No. 28, July 10, 2024
If a holder, in the ordinary course of business, receives
				  notice or an indication of the death of an owner, the holder shall attempt to
				  confirm whether the owner is deceased no later than 90 days after notice or
				  indication of death.
Notwithstanding any provision of the abandoned property law
				  and any other law to the contrary, once the death of the apparent owner has
				  been confirmed by the holder of the property, such property shall be subject to
				  the dormancy period and the mandatory reporting applicable to such property as
				  set forth in the abandoned property law. The dormancy period shall commence on
				  the date of death.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 129 - CLAIMS FOR ABANDONED PROPERTY INCLUDING THOSE INVOLVING AN ABANDONED PROPERTY LOCATION SERVICES AGREEMENT › Section 129.1 - General Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Comptroller shall not reveal any confidential information including the
				value of abandoned property to any claimant or the claimant's agent unless such
				person provides proof of an interest in the abandoned property and the
				following:
(1) a claim form, or other
				supplemental claim form deemed necessary by the Comptroller, signed by the
				person making claim and duly acknowledged by the person in the manner
				prescribed for the acknowledgment of a conveyance of real property in
				accordance with the Real Property Law;
(2) where the claim is submitted by a person
				or entity acting pursuant to an abandoned property location services agreement,
				as that term is used in section 1416  of the Abandoned Property Law, the
				person or entity submitting the claim must present to the Comptroller an
				abandoned property location services agreement, which complies with the
				requirements of section 1416  of the Abandoned Property Law, and
				which:
(i) lists the claimant's current
				address;
(ii) except where there
				is a separate power of attorney or other agency designation, authorizes the
				abandoned property location services provider to act on the claimant's behalf
				to claim the property;
(iii) is
				signed by the claimant and such signature has been duly acknowledged by the
				claimant in the manner prescribed for the acknowledgment of a conveyance of
				real property in accordance with the Real Property Law; and
(iv) in the case of a claim in excess of
				$1000 on behalf of an estate representative appointed by a New York State
				surrogate's court, including a person certified under Article 13 of the
				Surrogate's Court Procedure Act, proof that the abandoned property location
				services agreement has been duly filed with the surrogate's court that
				appointed such estate representative, as required by section 13-2.3  of the Estates, Powers and Trusts
				Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 130 - CLAIM FOR FUNDS HELD BY THE OFFICE OF UNCLAIMED FUNDS OWED TO A DECEDENT OR A DECEDENT'S ESTATE QUALIFYING AS A SMALL ESTATE › Section 130.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Surrogate's Court Procedure Act section 1310 permits, but
				  does not require, debtors to discharge debts to a decedent or a decedent's
				  estate, by making payment to certain relatives or creditors of the decedent.
				  The purpose of this regulation is to set forth the circumstances under which
				  the comptroller will exercise his or her discretion under such provision to
				  discharge debts owed to decedents or their estates with respect to property
				  held under the Abandoned Property Law by payment of claims submitted by a
				  decedent's relatives and creditors, and to set forth processes by which other
				  claims not exceeding $30,000 may be made.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 130 - CLAIM FOR FUNDS HELD BY THE OFFICE OF UNCLAIMED FUNDS OWED TO A DECEDENT OR A DECEDENT'S ESTATE QUALIFYING AS A SMALL ESTATE › Section 130.2 - Acceptance of affidavits under scpa section 1310

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				spouse, child, unreimbursed payor of funeral expenses, and the Department of
				Social Services or a social services district may submit claims through an
				affidavit pursuant to section 1310  of the Surrogate's Court Procedure Act up to
				the maximum amounts allowed by that section. A spouse or child must also submit
				a Table of Heirs on a form provided by the Office of Unclaimed Funds.
(b) Heirs or creditors, other than those set
				forth in subdivision (a) of this Part, may only submit an affidavit pursuant to
				section 1310  of the Surrogate's Court Procedure Act when the total amount being
				claimed does not exceed $1,000 in value. In the case of an heir, the claimant
				must also submit a Table of Heirs on a form provided by the Office of Unclaimed
				Funds.
(c) Heirs or creditors as
				set forth in subdivision (b) of this Part, in order to claim to funds in excess
				of $1,000 in value, must be appointed as an estate representative (including a
				voluntary administrator) of the decedent's estate by the appropriate
				Surrogate's Court, or in the case of a non-New York decedent, by the
				appropriate court of the state of domicile of the decedent. After having been
				appointed, the estate representative must provide to the Office of Unclaimed
				Funds a currently dated certificate of letters from the appropriate Surrogate's
				Court, or similar documents with respect to an estate representative appointed
				for a non-New York domiciliary.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 130 - CLAIM FOR FUNDS HELD BY THE OFFICE OF UNCLAIMED FUNDS OWED TO A DECEDENT OR A DECEDENT'S ESTATE QUALIFYING AS A SMALL ESTATE › Section 130.3 - Other requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any heir or creditor must also provide any and all documents
				  required by the Office of Unclaimed Funds which are necessary to prove the
				  decedent's identity and entitlement to the funds, or are otherwise necessary in
				  order for the Office of Unclaimed Funds to meet all of its statutory
				  obligations or approve the claim.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, section 1406  of the Abandoned Property Law provides
				  that the comptroller, shall have the full and complete authority to determine
				  the validity of abandoned property claims and to provide claimants with notice
				  of his determination; andWHEREAS, section 1406 further provides that a claimant
				  may, at any time within four months of such a determination by the comptroller,
				  apply for a hearing and a redetermination of his claim, and that the
				  comptroller, after an appropriate hearing on notice before the comptroller or a
				  person designated by him, shall make and serve a final determination;
				  andWHEREAS, from time to time where a claim for abandoned funds has been
				  previously paid, the comptroller may determine upon audit and review that such
				  payment was erroneous in whole or part due to misrepresentation, fraud, or
				  mistake; andWHEREAS upon a determination that an erroneous payment has been
				  made, the comptroller may advise the claimant/payee of such determination and
				  make a demand of the claimant/payee for repayment; andWHEREAS such demand
				  constitutes a determination by the comptroller under section 1406 thus
				  entitling the claimant/payee to a hearing and redetermination; andWHEREAS,
				  section 1414  of the Abandoned Property Law
				  authorizes the comptroller to make such rules and regulations as he may deem
				  necessary to enforce the provisions of the Abandoned Property Law;THEREFORE, it
				  is hereby determined that the following regulations shall be promulgated to
				  determine the procedures which shall be observed and the rules which shall be
				  followed for the scheduling of and conduct of such hearings.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.2 - Notice of determination of erroneous payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When the comptroller determines that a claim previously approved and paid was
				approved and paid erroneously, in whole or in part, due to misrepresentation,
				fraud or mistake, the comptroller shall issue a determination in writing to
				that effect together with a demand for repayment. The comptroller shall also
				advise the claimant/payee that he or she may within four months of such
				determination request a hearing and redetermination and provide information as
				to whom such request is to be sent.
(b) If the claimant/payee does not, within
				four months of the issuance of a notice pursuant to subdivision (a) of this
				section, either make payment in full or request a hearing and redetermination,
				then the determination that an erroneous payment was made shall be final, and
				the comptroller may take any lawful action, including but not limited to
				recovery through the State Wide Offset Program pursuant to sections 171-d and
				171-f of the New York Tax Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Where a claimant/payee makes a timely written demand for a hearing and
				redetermination, the Office of Unclaimed Funds, or its designee, shall notify
				the claimant/payee or, in the event the claimant/payee is represented by
				counsel, the claimant/payee's counsel, of the date a hearing will be held. The
				hearing shall be scheduled within a reasonable time following the receipt of
				such timely written demand.
(b) All
				notices of hearings shall specifically and plainly state the following:
(1) the time, place and date of the
				hearing;
(2) the purpose of the
				hearing;
(3) the right of the
				claimant/payee to be represented by counsel;
(4) the procedure for obtaining an
				adjournment and its consequences; and
(5) the consequences of the claimant/payee's
				failure to appear at a scheduled hearing.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.4 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings shall be conducted in an orderly manner in order
				  to ascertain the substantive rights of the parties. The hearing officer, duly
				  designated by the comptroller, shall preside. The comptroller may designate to
				  serve as hearing officer either a qualified private party or a member of the
				  staff of the Department of Audit and Control who has had no prior involvement
				  in the claim. All witnesses shall testify under oath (or by affirmation) and a
				  record of the proceedings shall be made and kept either by means of
				  stenographic recording or tape recording at the discretion of the comptroller.
				  Where the total amount being demanded exceeds $ 1,000, a transcribed copy of
				  such record shall be made and furnished to the claimant/payee or when the
				  claimant/payee is represented by counsel, to the claimant/payee's counsel, and
				  the cost of the preparation of the record shall be borne by the Office of
				  Unclaimed Funds. Where the total amount being demanded does not exceed $ 1,000,
				  a transcribed copy of such record shall only be made and furnished upon the
				  request of the claimant/payee or the Office of Unclaimed Funds with the cost of
				  transcribed copy of the record to be borne by the party or parties requesting
				  such copy. The claimant/payee or the claimant/payee's counsel, the
				  representative of the Office of Unclaimed Funds and the hearing officer may
				  examine and cross-examine all parties and witnesses appearing at any hearing.
				  All costs incurred by the claimant/payee in retaining counsel and/or presenting
				  witnesses shall be the sole responsibility of the claimant/payee.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.5 - Presentation of the payee's case

Current through Register Vol. 46, No. 28, July 10, 2024
The claimant/payee shall state his or her case upon
				  commencement of the proceeding. The claimant/payee will have the opportunity at
				  that time to offer proofs to support the claimant/payee's position that the
				  comptroller's determination of an erroneous payment is incorrect and to call
				  and examine any and all witnesses on behalf of the claimant/payee. Upon being
				  sworn in, the claimant/payee may testify on his or her own behalf. In addition
				  to the presentation of the claimant/payee's case, the hearing officer may hear
				  argument and entertain motions for dismissal or for other appropriate
				  relief.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.6 - Presentation of the case of the office of unclaimed funds

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of the claimant/payee's case, the Office of
				  Unclaimed Funds shall have the opportunity to offer proofs in opposition to the
				  claimant/payee's case. The Office of Unclaimed Funds may call and examine any
				  and all witnesses on its behalf.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.7 - Briefs and memoranda of law

Current through Register Vol. 46, No. 28, July 10, 2024
Briefs and memoranda of law shall be prepared and submitted
				  upon request therefor by the hearing officer. The costs of such preparation and
				  submission shall be borne by the party preparing the same.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.8 - Adjournment of hearing and scheduling of subsequent hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				In the absence of unforeseeable circumstances, a request for adjournment of the
				first date of any hearing must be submitted to the Office of Unclaimed Funds at
				least two business days or 48 hours, whichever is longer, prior to the
				scheduled date of such hearing.
(b)
				The adjournment of the initial hearing will be granted by the Office of
				Unclaimed Funds with the understanding that the claimant/payee or the
				claimant/payee's counsel, within 20 days after the adjournment, shall advise
				the Office of Unclaimed Funds of such date or dates convenient for the
				rescheduling of a hearing. Failure to advise the Office of Unclaimed Funds of
				such date or dates will result in a hearing being scheduled by the Office of
				Unclaimed Funds without further consultation with the claimant/payee or the
				claimant/payee's counsel.
(c) Any
				request for an adjournment made during the course of a hearing shall be
				addressed to the hearing officer who shall have sole authority to grant or deny
				such request. If an adjournment is granted, the hearing officer shall schedule
				the date of resumption of the hearing upon consultation with the parties if the
				hearing officer so desires.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.9 - Failure of claimant/payee to appear

Current through Register Vol. 46, No. 28, July 10, 2024
The failure of the claimant/payee or the claimant/payee's
				  representative to appear at a scheduled hearing without a timely and proper
				  adjournment pursuant to section
				  131.8 
				  of this Part will result in a finding that the comptroller's determination of
				  erroneous payment was correct and the comptroller may take any lawful action,
				  including but not limited to recovery through the State Wide Offset Program
				  pursuant to sections 171-d and 171-f of the New York Tax Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 131 - RULES AND REGULATIONS FOR THE SCHEDULING, ADJOURNING AND CONDUCT OF ADMINISTRATIVE HEARINGS RELATING TO THE RECOVERY OF ERRONEOUS PAYMENTS AND OVERPAYMENTS MADE BY THE OFFICE OF UNCLAIMED FUNDS › Section 131.10 - Decision and review

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 150 - Service Award Programs For Volunteer Ambulance Workers › Section 150.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
Article 11-AA of the General Municipal Law authorizes the
				  establishment of defined contribution service award programs to provide
				  municipally-funded, pension-like benefits for volunteer ambulance workers.
				  Service award programs may be adopted by political subdivisions for the
				  volunteer ambulance workers of ambulance companies which are either:
(a) under the control of the governing board
				of the political subdivision; or
(b) in the political subdivision and under
				contract with the governing board to provide service therein.
Adoption of a service award program requires the affirmative
				  vote of at least 60 percent of the governing board of the political subdivision
				  and the approval of a proposition at a referendum of the eligible voters of the
				  political subdivision. Article 11-AA requires the service award programs to be
				  centrally administered by the State Comptroller, or by an administrative
				  service agency and/or one or more financial organizations selected by the
				  comptroller. The comptroller is also required to promulgate rules and
				  regulations for the programs. The rules and regulations must, at a minimum,
				  include standards for the selection of financial organizations, the method and
				  timing of contributions to the programs by local government sponsors, the
				  reporting on individual participant accounts, matters relating to the
				  preparation of a plan document and any other matter properly pertaining
				  thereto.