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. 12, March 20, 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.

(c) The notice shall be accompanied by a designation by the comptroller of a hearing officer pursuant to section 1406 of the Abandoned Property Law. The seal of the comptroller shall be affixed to such designation.

(d) The notice and designation shall be mailed by certified mail to the claimant/payee or to the claimant/payee's counsel or other authorized representative not less than three weeks before the date of the scheduled hearing.

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