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. 12, March 20, 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.
