Administrator: means the deputy state treasurer assigned by the state treasurer. See Utah Code 67-4a-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 67-4a-102
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.
Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter. See Utah Code 67-4a-102
money, virtual currency, interest, or a dividend, check, draft, or deposit;
(B)
a credit balance, customer's overpayment, stored-value card, payroll card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; and
(C)
a security except for:
(I)
a worthless security; or
(II)
a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
(iii)
a bond, debenture, note, or other evidence of indebtedness;
(iv)
money deposited to redeem a security, make a distribution, or pay a dividend;
(v)
an amount due and payable under an annuity contract or insurance policy;
(vi)
an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit; and
(vii)
an amount held under a preneed funeral or burial contract, other than a contract for burial rights or opening and closing services, where the contract has not been serviced following the death or the presumed death of the beneficiary. See Utah Code 67-4a-102
Putative holder: means a person believed by the administrator to be a holder, until:
(a)
the person pays or delivers to the administrator property subject to this chapter; or
(b)
the administrator or a court makes a final determination that the person is or is not a holder. See Utah Code 67-4a-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 67-4a-102
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 67-4a-102
(a)
Not later than 30 days after receipt of a notice under Section 67-4a-1011, the putative holder may request an informal conference with the administrator to review the determination.
(b)
Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.
(2)
If a putative holder makes a timely request under Subsection (1) for an informal conference:
(a)
not later than 20 days after the date of the request, the administrator shall set the time and place of the conference;
(b)
the administrator shall give the putative holder notice in a record of the time and place of the conference;
(c)
the conference may be held in person, by telephone, or by electronic means, as determined by the administrator;
(d)
the request tolls the 90-day period under Sections 67-4a-1103 and 67-4a-1104 until notice of a decision under Subsection (2)(g) has been given to the putative holder or the putative holder withdraws the request for the conference;
(e)
the conference may be postponed, adjourned, and reconvened as the administrator determines appropriate;
(f)
the administrator or the administrator’s designee with the approval of the administrator may modify a determination made under Section 67-4a-1011 or withdraw it; and
(g)
the administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends.
(3)
(a)
A conference under Subsection (2) is not an administrative remedy and is not a contested case subject to the state administrative procedure act.
(b)
An oath is not required and rules of evidence do not apply in the conference.
(4)
At a conference under Subsection (2), the putative holder shall be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:
(a)
discuss the determination made under Section 67-4a-1011; and
(b)
present any issue concerning the validity of the determination.
(5)
If the administrator fails to act within the period prescribed in Subsection (2)(a) or (g), the failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under Section 67-4a-1011 during the period in which the administrator failed to act until the earlier of:
(a)
the date under Section 67-4a-1103 the putative holder initiates administrative review or files an action under Section 67-4a-1104; or
(b)
90 days after the putative holder received notice of the administrator’s determination under Section 67-4a-1011 if no review was initiated under Section 67-4a-1103 and no action was filed under Section 67-4a-1104.
(6)
The administrator may hold an informal conference with a putative holder about a determination under Section 67-4a-1011 without a request at any time before the putative holder initiates administrative review under Section 67-4a-1103 or files an action under Section 67-4a-1104.
(7)
Interest and penalties under Section 67-4a-1204 continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.
