1.    A holder that under this chapter pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if the holder:

Terms Used In North Dakota Code 47-30.2-34

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49

a.    Paid the money in error; or

b.    After paying the money to the administrator, paid money to a person the holder reasonably believed was entitled to the money.

2.    A holder that under this chapter delivers property other than money to the administrator may file a claim for return of the property from the administrator if:

a.    The holder delivered the property in error; or

b.    The apparent owner has claimed the property from the holder.

3.    If a claim for return of property under subsection 2 is made, the holder shall include with the claim evidence sufficient to establish that:

a.    The apparent owner has claimed the property from the holder and that the property was delivered to the apparent owner in full; or

b.    The property was delivered by the holder to the administrator in error.

4.    The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.

5.    A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.

6.    Not later than ninety days after a claim is filed under subsection 1 or 2, the administrator shall allow or deny the claim and give the claimant notice of the decision in a record.