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

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.