10 IAC 1.5-4-15 - Claims paid in error

Authority: IC 32-34-1-52

Affected: IC 32-34-1

Sec. 15.

If the attorney general pays a claimant in error, the attorney general may do the following:

(1) In the case of ownership, when a person with the same name can present evidence that payment was made in error, the attorney general may pay the second claimant after notifying the first payee that:

(A) another claimant has filed for the property and is the valid owner;

(B) the first payee is requested to refund the monies paid;

(C) the first payee has the right to present evidence of a superior claim and more fully documented proof of ownership;

(D) the attorney general may require a hearing before an administrative law judge to determine or verify ownership; and

(E) the attorney general may pursue collection through appropriate court action.

(2) In the case of error in reporting by a holder:

(A) if a holder's report or ownership verification is found to be in error after the attorney general has paid the listed owner, the holder shall reimburse the attorney general for any funds paid; and

(B) if the request for reimbursement is denied, the attorney general may pursue collection through court action.

Notes

10 IAC 1.5-4-15

Office of Attorney General for the State; 10 IAC 1.5-4-15; filed Jul 1, 1997, 4:15 p.m.: 20 IR 3004; readopted filed Aug 14, 2003, 1:15 p.m.: 27 IR 946; readopted filed Oct 6, 2009, 9:03 a.m.: 20091104-IR-010090575RFA Readopted filed 10/26/2015, 1:48 p.m.: 20151125-IR-010150149RFA Readopted filed 11/10/2021, 4:13 p.m.: 20211208-IR-010210426RFA