reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.5 - Copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Records inspected by members of the public may be copied by those persons, or
				may be copied for those persons, in the following manners:
(1) the records may be copied by the person
				inspecting the records by his or her hand copying;
(2) the records may be copied by the person
				inspecting the records by copying the same by his or her typewriter;
				or
(3) the records may be copied
				for the person inspecting the records by department personnel using department
				mechanical reproduction equipment.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.6 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The fee for copying records shall be 25 cents per page for photocopies not
				exceeding 9 x 14 inches.
(b) The
				fee for copies of records not covered by subdivision (a) of this section shall
				not exceed the actual reproduction cost, which is the average unit cost for
				copying a record, excluding fixed costs of the department such as operator
				salaries.
(c) No fee shall be
				charged for:
(1) the search for a
				record;
(2) the inspection of a
				record;
(3) the copying of a record
				by the person inspecting the record; or
(4) the certification of a record by the
				records access officer or any certification given by that officer in connection
				with the inspection of records.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.7 - Certification of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The records access officer shall, upon a request therefor, give a written
				certification that a copy of a record is a true copy and, when a record cannot
				be found after diligent search, or is not a record of the department, a written
				certification to that effect.
(b)
				In all instances where a person requests the records access officer to provide
				a copy of a part or portion of a record, the records access officer shall stamp
				thereon a statement to the effect that the copy does not represent a
				reproduction of the complete original record.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.8 - Procedures governing the inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
The inspection and copying of records shall be made in the
				  following manner:
(a) Members of the
				public shall request the records access officer to allow them the inspection
				and/or copying of reasonably described records.
(b) Members of the public shall prepare for
				the records access officer, as he sees necessary, a written request for the
				inspection of records.
(c) The
				records access officer shall inform the person seeking inspection of a record
				of the location of the record and shall cause a search for the record
				requested.
(d) The records access
				officer shall, within five business days of a request for a record, produce the
				record for inspection, deny access to the record, or furnish a written
				acknowledgment of the receipt of the request which states the approximate date
				when the request will be granted or denied.
(e) The records access officer shall, where
				applicable, delete identifying details from the record to prevent an
				unwarranted invasion of personal privacy as is authorized by the Freedom of
				Information Law.
(f) The records
				access officer shall allow the inspection of the record during the times and at
				the location prescribed by this Part for the inspection of records.
(g) The records access officer shall allow
				the copying of records and shall make the certifications respecting such
				records in the manners prescribed by this Part.
(h) The records access officer shall deny the
				inspection and copying of records not available for inspection by law, and
				shall give a written statement of his denial to the person seeking access to
				the records, which statement shall also set forth the right of appeal to the
				records appeals officer.
(i)
				Members of the public who request that information submitted to the department
				be excepted from disclosure under paragraph (d) of subdivision 2 of section 87
				of the Freedom of Information Law, as provided for by subdivision 5 of section
				89 of such law, shall, at the time of submission of such information, identify
				for the records access officer in writing with specific particularity those
				records of portions thereof which contain such information. Records so excepted
				from disclosure shall be kept in the custody of the bureau chief responsible
				for records of similar character and content and such chief shall be
				responsible for determining which personnel shall have such records made
				available to them for the limited purpose of inspection and study for
				department business. Such records shall be kept apart from other records of
				similar character and content in separate folders marked as being exempt from
				disclosure to safeguard against an unauthorized access to such
				records.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.9 - Department employment information

Current through Register Vol. 46, No. 28, July 10, 2024
Members of the public shall have access to and may copy the
				  record kept by the records access officer which lists the names, public office
				  addresses, titles and salaries of all officers and employees of the
				  department.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 110 - Public Inspection Of Records Of The Department Of Audit And Control › Section 110.10 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who has been denied access to
				records by the records access officer may, within 30 days of the denial, appeal
				the denial to the records appeals officer.
(b) The records appeals officer shall
				transmit a copy of an appeal to the State Committee on Open Government upon
				receipt of an appeal.
(c) The
				records appeals officer shall, within 10 business days of the receipt of the
				appeal, order the records access officer to allow the immediate inspection of
				the record sought where he determines that the denial of access was in
				error.
(d) The records appeals
				officer shall, within 10 business days of the appeal, write the reasons for
				denial of access to the record sought where he determines that the denial was
				correct, and mail the written reasons to the appellant by registered mail of
				the United States Postal Service.
(e) A copy of his determination shall be
				transmitted to the State Committee on Open Government by the records appeals
				officer at the same time that his determination is mailed to the
				appellant.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
The rules set forth in this Part and adopted pursuant to the
				  provisions of the "Personal Privacy Protection Law" (Public Officers Law,
				  article 6-A, effective September 1, 1984) and the rules of the Committee on
				  Open Government.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) Office shall mean the Office of the State
				Comptroller.
(b) Record shall mean
				the term record as defined in section 92 (9)  of the Public Officers
				Law, but shall mean, generally, any item, collection or grouping of personal
				information about a data subject which is maintained and is retrievable by use
				of the name or other identifier of the data subject, but shall not include
				personal information which is not used to make any determination about a data
				subject.
(c) Data subject shall
				mean any natural person about whom personal information has been collected by a
				State agency.
(d) Privacy officer
				shall mean the office's employee designated to oversee and implement the
				office's procedures to comply with the Personal Privacy Protection Law and such
				other privacy-related tasks as may be assigned .
....
(e)
				Privacy appeals officer shall mean the person designated by the State
				Comptroller to determine appeals from denials of requests for records or
				amendments or corrections thereto.
(f) Personal information means any
				information concerning a data subject which, because of name, number, symbol,
				mark or other identifier, can be used to identify the data subject.
(g) System of records means any group of
				records under the actual or constructive control of any agency pertaining to
				one or more data subjects from which personal information is retrievable by use
				of the name, symbol, mark or other identifier of a data subject.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.3 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This office shall maintain in its records only such personal information which
				is relevant and necessary to accomplish a purpose of this office which is
				required to be accomplished by statute or executive order, or to implement a
				program specifically authorized by law.
(b) Personal information shall be collected,
				whenever practicable, directly from the person to whom the information
				pertains.
(c) This office seeks to
				ensure that all records pertaining to or used with respect to data subjects are
				accurate, relevant, timely and complete.
(d) These regulations provide information
				regarding the procedures by which data subjects may assert rights granted by
				the Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.4 - Privacy officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The privacy officer is responsible for:
(1)
				assisting a data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) insuring that
				appropriate procedures are developed and implemented so that one of the
				following actions is taken upon locating the record sought:
(i) make the record available for inspection,
				in a printed form without codes or symbols, unless an accompanying document
				explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				record; or
(iii) deny access to
				the record in whole or in part, and explain in writing the reasons therefor;
....
(4) making a copy available, upon request,
				upon payment of or offer to pay established fees, if any, or permitting the
				data subject to copy the record;
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6)
				certifying, upon request, that:
(i) this
				office does not have possession of the record sought;
(ii) this office cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the name or other identifier of the data subject without
				extraordinary search methods being employed by this office.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.5 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When a request is made in person, this office may require the requesting
				individual to present appropriate identification, such as a driver's license,
				an identifier assigned to the data subject by this office, a photograph or
				similar information that confirms that the person seeking the record is the
				data subject of such record.
(b)
				When a request is made by mail or by email, this office may require
				verification of a signature or inclusion of an identifier generally known only
				by a data subject, or similar appropriate identification.
(c) Proof of identity shall not be required
				regarding a request for a record accessible to the public pursuant to the
				Freedom of Information Law (Article 6 of the Public Officers Law).
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.6 - Request for a record or correction or amendment of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				request for a record or for correction or amendment of a record or personal
				information shall be made in writing, submitted by mail or by email or in
				person, and must be accompanied by a reasonable proof of identity, as
				described in Section
				111.5. A
				request for correction or amendment of a record or personal information shall
				not include matters the determination of which is within the exclusive
				authority of the Comptroller pursuant to sections 74 and
				374  of the Retirement and Social Security
				Law.
....
(b)
				A request shall reasonably describe the record sought. Whenever possible, the
				data subject should supply identifying information that would assist this
				office in locating the record sought.
(c) A request based upon categories of
				information described in a notice of a system of records or a privacy impact
				statement shall be deemed to reasonably describe the record sought.
(d) Within five business days of the receipt
				of a request for a record, this office shall provide access to the record, deny
				access, or acknowledge the receipt of the request in writing, stating the
				approximate date when the request will be granted or denied, which date shall
				not exceed 30 days from the date of the acknowledgement. Whenever access to a
				record is denied, it shall be in writing, explaining the reasons therefor, and
				identifying the persons to whom an appeal may be made.
(e) Within 30 business days of the receipt of
				a request from a data subject for correction or amendment of a record or
				personal information, reasonably described, concerning the data subject, this
				office shall:
(1) make the amendment or
				correction in whole or in part and inform the data subject that, on request,
				such correction or amendment will be provided to any person or governmental
				unit to which the record or personal information has been or is disclosed
				pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96  of the Public Officers Law; or
(2) deny in writing the request of the data
				subject to correct or amend, explaining the reasons therefor, and identify the
				person to whom an appeal may be directed.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.7 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any data subject denied access to a record or denied a request to amend or
				correct a record or personal information pursuant to this Part may, within 30
				business days of such denial, appeal such denial in writing to the privacy
				appeals officer.
(b) The time for
				deciding an appeal shall commence upon receipt of an appeal that identifies:
(1) the request for a record or amendment or
				correction of a record or personal information which has been denied in whole
				or in part;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the data subject or the person making the
				appeal.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.8 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If correction or amendment of a record or personal information is denied in
				whole or in part upon appeal, the determination rendered pursuant to the appeal
				shall inform the data subject of the right to:
(1) File with the office a statement of
				reasonable length setting forth the data subject's reasons for disagreement
				with the determination;
(2) Request
				that such a statement of disagreement be provided to any person or governmental
				unit to which the record has been or is disclosed pursuant to paragraph (d),
				(i) or (l) of subdivision one of section 96  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unless otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 111 - Personal Information Records › Section 111.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 113 - Extension Of Time To Report Certain Abandoned Property › Section 113.1 - Extension of time for reporting abandoned property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to subdivision one of section 1412  of the Abandoned Property Law, the
				State Comptroller may extend the time for reporting a deposit account, held by
				a banking organization for a foreign depositor, which is otherwise reportable
				pursuant to sections 300 and 301 of such law, upon the receipt by the State
				Comptroller of evidence to his satisfaction of the existence on file with the
				banking organization of one or more of the following:
(1) a memorandum contemporaneously executed
				by an officer or representative of the banking organization stating therein
				that the person appearing to be entitled to the account had appeared before him
				and had indicated knowledge of the account;
(2) a memorandum contemporaneously executed
				by an officer or representative of the banking organization in the ordinary
				course of business, describing therein the nature of a contact, other than a
				personal meeting as referred to in paragraph (1) of this subdivision, between
				such officer and the person appearing to be entitled to the account and stating
				therein that such person had knowledge thereof;
(3) a sworn affidavit from a third party,
				having either a familial or business relationship or both with the person
				appearing to be entitled to the account, attesting that such third party had
				received a written communication from such person indicating knowledge of the
				account and attesting to the relationship, and the nature and contents of such
				communication; or
(4) a written
				communication received by the banking organization from the person appearing to
				be entitled to the account which indicates knowledge of the account in a manner
				previously agreed upon between the banking organization and its
				depositor.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 114 - Report Of Property Deemed Abandoned › Section 114.1 - Report of abandoned property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before the first day of July, 1980,
				and on or before the first day of April in each succeeding year, every domestic
				insurer, foreign insurer authorized to do business in this State or agent or
				agency thereof shall make a verified written report to the State Comptroller,
				which shall contain a true and accurate statement, as of the first day of
				January next preceding, of all abandoned property specified in section 1316  of the Abandoned Property Law held or
				owing by it.
(b) Such report shall
				set forth:
(1) the name and last known
				address of any person or persons appearing from the records of such insurer,
				agent or agency to be entitled to receive any such abandoned
				property;
(2) the amount appearing
				from the records of such insurer, agent or agency to be due;
(3) the policy number and the nature or type
				of insurance coverage represented by such amount;
(4) the date such abandoned property became
				payable and the number of any instrument issued in payment thereof;
				and
(5) such other identifying
				information as the State Comptroller may require.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 114 - Report Of Property Deemed Abandoned › Section 114.2 - Property which shall have ceased to be abandoned

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any abandoned property held or owing by
				an insurer or its agent or agency pursuant to section 1316  of the Abandoned Property Law to which
				the right to receive the same is established to the satisfaction of such
				insurer, agent or agency, and payment of which is made to the entitled person
				between the first day of January and the 31st day of August of the year in
				which such property is reported to the State Comptroller as abandoned, shall
				cease to be deemed abandoned.
(b)
				Payment of abandoned property to the State Comptroller pursuant to subdivision
				4 of section 1316  of the Abandoned Property Law shall be
				accompanied by a statement setting forth such information as the State
				Comptroller may require relative to such abandoned property as shall have
				ceased to be abandoned.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 114 - Report Of Property Deemed Abandoned › Section 114.3 - Reimbursement for claims paid by insurers or their agents or agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Any insurer, agent or agency which has paid to the State
				  Comptroller monies deemed abandoned property, pursuant to the provisions of
				  section 1316  of the Abandoned Property Law, may
				  make payment to any person entitled to all or any part thereof and shall
				  thereby acquire all of the rights of such person to payment by the State
				  Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 115 - Report Of Property Deemed Abandoned Pursuant To Section 1315 Of The Abandoned Property Law › Section 115.1 - Property to be reported

Current through Register Vol. 46, No. 28, July 10, 2024
Property deemed abandoned pursuant to subdivisions (1), (1-a)
				  or (1-b) of section 1315  of the Abandoned Property Law shall
				  include, but not be limited to:
(a)
				Any unclaimed amount representing gift certificates sold after December 31,
				1983, including gift certificates for merchandise only, remaining unclaimed for
				five years.
(b) Any amount
				representing outstanding checks issued on and after July 1, 1974 in payment for
				goods or for services, and any unclaimed amount received after July 1, 1974 for
				services not rendered or for goods not delivered that has remained unclaimed by
				the owner thereof for three years.
(c) Property referred to in subdivision (b)
				of this section shall include, but not be limited to: deposits or payments for
				repairs not made or purchases of goods or services not delivered; unrefunded
				overcharges; accounts payable balances, credit balances, accounts receivable
				credit balances, rebates, and outstanding checks issued to vendors and
				suppliers of goods or services.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 115 - Report Of Property Deemed Abandoned Pursuant To Section 1315 Of The Abandoned Property Law › Section 115.2 - Report of abandoned property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Verified written reports of property
				deemed abandoned pursuant to section 1315  of the Abandoned Property Law must be
				filed with the state comptroller.
(b) Such report shall be in such form as the
				State Comptroller may prescribe and shall set forth therein:
(1) the name and last known address, if any
				of the person or entity appearing to be entitled to such property;
(2) a description of such abandoned
				property;
(3) the amount of such
				abandoned property;
(4) the date
				such amount was demandable, payable or received; and
(5) such other identifying information as the
				State Comptroller may require.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 115 - Report Of Property Deemed Abandoned Pursuant To Section 1315 Of The Abandoned Property Law › Section 115.3 - Reimbursement for property paid

Current through Register Vol. 46, No. 28, July 10, 2024
An entity which has paid to the State Comptroller abandoned
				  property pursuant to section 1315  of the Abandoned Property Law may make
				  payment to the person entitled thereto, and may file claim for reimbursement
				  for such payment by the State Comptroller, who shall, upon satisfactory proof
				  of such payment and after audit, reimburse such entity. Such reimbursement
				  shall be limited to the amount paid the State Comptroller by such
				  entity.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 116 - Publication Of Notices Of Abandoned Property In Non-english Language Newspapers › Section 116.1 - Authority and purpose of report

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision 2 of sections 302, 402, 601 and 702  of the
				  Abandoned Property Law permit notices of abandoned property to be published in
				  English language newspapers and in additional newspapers printed in a language
				  other than English, pursuant to regulations enacted by the State Comptroller.
				  This regulation is intended to assure that residents of New York not reasonably
				  literate in the English language will nevertheless be informed of the existence
				  of unclaimed property to which they may be entitled. Pursuant to this
				  authority, the following procedures are established for the publication of
				  lists of abandoned property in newspapers printed in a language other than
				  English. The procedures must be followed by any holder of abandoned property
				  which elects to publish in a non-English language newspaper.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 116 - Publication Of Notices Of Abandoned Property In Non-english Language Newspapers › Section 116.2 - Preparation of the report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Holders of abandoned property subject to
				the publication requirements of the Abandoned Property Law shall review their
				books and records for information indicative of the literacy in English of the
				apparent owners of such property. If such information is not presently
				available in the books and records, it should be obtained as new contacts are
				made with persons for whom property is or will be held.
(2) On the basis of available information,
				these holders shall identify those apparent owners of abandoned property
				required to be listed in an English-language published notice, who might need
				additional notice in a language other than English in order to be informed of
				the existence of such property.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 116 - Publication Of Notices Of Abandoned Property In Non-english Language Newspapers › Section 116.3 - Designation of newspapers

Current through Register Vol. 46, No. 28, July 10, 2024
Within 15 days of receipt of the separate report authorized
				  by section
				  116.2 
				  of this Part, the State Comptroller will inform holders of abandoned property
				  of the newspapers published in a language other than English in which each item
				  listed in such separate report may be published.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 116 - Publication Of Notices Of Abandoned Property In Non-english Language Newspapers › Section 116.4 - Payment of publication

Current through Register Vol. 46, No. 28, July 10, 2024
Section 1409  of the Abandoned Property Law provides
				  that any amount paid by a person to a newspaper or newspapers for any
				  publication of names as required by the Abandoned Property Law shall be charged
				  pro rata against all abandoned property held or owing by such person at the
				  time of such publication, except abandoned property of individual amounts of
				  less than $50.
The publication required by the Abandoned Property Law,
				  within the meaning of section 1409, is publication in an English language
				  newspaper. Publication in a newspaper printed in a language other than English
				  shall not be deemed a required publication within the meaning of section 1409,
				  and the costs thereof shall be a charge against the holder.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 116 - Publication Of Notices Of Abandoned Property In Non-english Language Newspapers › Section 116.5 - Waiver of publication

Current through Register Vol. 46, No. 28, July 10, 2024
The waiver of publication requirements as set forth in Part
				  117 of this Title are applicable in implementing the requirements of these
				  rules.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 117 - Waiver Of Abandoned Property Publication Requirements › Section 117.1 - Waiver of publication requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to the authority vested in the
				State Comptroller by section 1411  of the Abandoned Property Law,
				publication of a notice required by section 302, 601, 702 or 1316 of such law
				shall be waived in its entirety when the aggregate amount of the individual
				items to be published in a single publication is:
(1) less than $10,000 with respect to a
				publication in a county located within the city of New York; or
(2) less than $2,500 with respect to a
				publication in a county, city or village located outside the city of New
				York.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, Section 301(3) of the State Administrative Procedure
				  Act, as added by chapter 1059 of the Laws of 1981, directs that administrative
				  agencies shall adopt rules and regulations governing the procedures to be
				  followed in adjudicatory proceedings and appeals; and
WHEREAS, Section 1412  of the Abandoned Property Law
				  authorizes the Comptroller, or a person designated by him, to convene an
				  administrative hearing to certify an amount due and owing from a holder of
				  abandoned property pursuant to the provisions of the Abandoned Property Law;
				  and
WHEREAS, Section 1414  of the Abandoned Property Law
				  authorizes the Comptroller to promulgate such rules and regulations as he 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 procedures to be followed for the conduct of
				  administrative hearings as authorized by section 1412  of the Abandoned Property
				  Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.2 - Hearings; how instituted

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon the failure of any holder of abandoned property to fully and completely
				report and pay or deliver such property to the State Comptroller pursuant to
				the Abandoned Property Law, the Comptroller shall issue a determination of
				abandoned property due and owing. Such determination shall be served by
				certified mail upon the person failing to report and pay or deliver, or such
				person's legally authorized representative, at the last known business address
				or residence.
(b) If a full and
				complete report and payment or delivery is not made by such person within 30
				days following the receipt of the determination, then the Comptroller shall
				cause to be served, by certified mail, a notice of hearing upon such person or
				his legally authorized representative. Such notice of hearing shall include:
(1) a statement of the time, place and nature
				of the hearing;
(2) a statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
(3) a reference to the
				particular statute or statutes involved; and
(4) a statement of the matters asserted
				which, for purposes of this regulation, shall include, but not be limited to,
				attaching a copy of the determination to said notice of hearing.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.3 - Hearing officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				hearing officer, duly designated in writing by the Comptroller, shall preside
				at the hearing. At the time that the notice of hearing is sent to the person
				failing to report and pay or deliver abandoned property, a copy of such
				designation shall be sent to such person or his legally authorized
				representative.
(b) Hearing
				officers are authorized to:
(1) administer
				oaths and affirmation;
(2) sign and
				issue subpoenas, at the request of any party, requiring attendance and giving
				of testimony by witnesses and the production of books, papers, documents and
				other evidence, and said subpoenas shall be regulated by the Civil Practice Law
				and Rules; and
(3) regulate the
				course of the hearings, set the time and place for continued hearings, and fix
				the time for the filing of briefs and other documents. Adjournments may be
				granted by the hearing officer only upon good cause and presentation of a
				written request therefor.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.4 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Comptroller
				shall cause to be sent a copy of the auditor's report issued by the Office of
				the State Comptroller, Bureau of Unclaimed Funds, to the person having failed
				to report and pay or deliver abandoned property, at the same time that the
				determination is mailed to such person.
(b) The disclosure of all books, papers,
				documents and other evidence material necessary, shall be within the sole
				discretion of the hearing officer.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.5 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules of
				evidence governing proceedings in the courts of the State shall not be rigidly
				enforced. Objections to evidentiary offers may be made and shall be noted in
				the record. All parties shall have the right of cross-examination of witnesses.
				Irrelevant, unduly repetitious or cumulative testimony or cross-examination may
				be excluded. Hearsay evidence shall be admissible in the discretion of the
				hearing officer.
(b) By agreement,
				the parties may stipulate as to any facts involved in the proceedings. Such
				stipulation, to be effective, must be duly noted in the stenographic record of
				the proceedings.
(c) All evidence
				shall be offered and made a part of the record, and all such documentary
				evidence may be received in the form of authenticated copies or
				excerpts.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.6 - Witnesses

Current through Register Vol. 46, No. 28, July 10, 2024
Witnesses shall be sworn as authorized by
				  law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.7 - Briefs

Current through Register Vol. 46, No. 28, July 10, 2024
The time, form and procedure for the filing of briefs and
				  other memoranda shall be within the sole discretion of the hearing
				  officer.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.8 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
The Comptroller shall furnish all parties and the hearing
				  officer with a copy of any transcripts and exhibits. Additional copies of any
				  transcripts may be furnished by the Comptroller, upon request, at the expense
				  of the party making the request.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter IV - Miscellaneous Rules › Part 118 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Compliance With The Abandoned Property Law › Section 118.9 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				officer shall render his decision based upon the entire record before him, and
				that decision shall be based upon substantial evidence found in the record.
				Findings of fact and conclusions of law shall be accompanied by a concise and
				explicit statement of the underlying facts supporting the findings.
(b) If the decision of the hearing officer is
				in favor of the State Comptroller, then the State Comptroller shall execute a
				written certification, upon his seal, specifying the abandoned property
				reportable and payable or deliverable to the State Comptroller. A copy of said
				certification shall be sent by certified mail to the person holding any such
				abandoned property.
(c) Pursuant to
				section 1412 (4)  of the Abandoned
				Property Law, the 90 days within which any aggrieved person may institute a
				special proceeding pursuant to article 78 of the Civil Practice Law and Rules
				shall begin to run when the certification is received by such aggrieved
				person.
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 119.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, Section 1406  of the Abandoned Property Law directs
				  that the Comptroller, upon receipt of an application within four months of the
				  issuance of a written determination denying a claim for the refund of abandoned
				  property, shall hold a hearing to review and redetermine such claim; and
WHEREAS, Section 301 of the State Administrative Procedure
				  Act mandates that agencies shall adopt rules governing the procedures on
				  adjudicatory proceedings and appeals; and
WHEREAS, 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, it is,
				  therefore, 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 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.2 - Notice of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After receipt of a timely written demand for a hearing and redetermination of a
				claim for refund of abandoned property, the Bureau of Unclaimed Funds shall
				notify the claimant or, in the event the claimant is represented by counsel,
				the claimant's counsel, of the date a hearing on the claim 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 to be represented by counsel;
(4) the procedure for obtaining an
				adjournment and its consequences; and
(5) the consequences of the claimant'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 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.3 - 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 claimed exceeds $1,000, a transcription of such
				  record shall be made and furnished to the claimant or when the claimant is
				  represented by counsel, to the claimant's counsel, and the cost of the
				  preparation of the record shall be borne by the Bureau of Unclaimed Funds.
				  Where the total amount being claimed does not exceed $1,000, a transcribed copy
				  of such record shall only be made and furnished upon the request of the
				  claimant or the Bureau of Unclaimed Funds with the cost of transcription of the
				  record to be borne by the party or parties requesting a transcription of the
				  record. The claimant or the claimant's counsel, the representative of the
				  Bureau 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 in retaining counsel and/or presenting witnesses shall be the sole
				  responsibility of the claimant.
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 119.4 - Presentation of claimant's case

Current through Register Vol. 46, No. 28, July 10, 2024
The claimant shall state his case upon commencement of the
				  proceeding. The claimant will have the opportunity at that time to offer proofs
				  in support of his claim, to call and examine any and all witnesses on his
				  behalf. Upon being sworn, the claimant may testify on his own behalf. In
				  addition to the presentation of the claimant'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 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.5 - Presentation of the case of the bureau of unclaimed funds

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of the claimant's case, the Bureau of
				  Unclaimed Funds shall have the opportunity to offer proofs in opposition to the
				  claimant's case and 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 119 - Rules And Regulations For The Scheduling, Adjourning And Conduct Of Administrative Hearings Relating To Claims For Refund Of Abandoned Property › Section 119.6 - 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.