Sec. 64. (a) Not later than thirty (30) days after receipt of a notice under section 63 of this chapter, the putative holder may request an informal conference with the attorney general to review the determination. Except as otherwise provided in this section, the attorney general may designate an employee to act on behalf of the attorney general.
(b) If a putative holder makes a timely request under subsection (a) for an informal conference:
(1) not later than twenty (20) days after the date of the request, the attorney general shall set the time and place of the conference;
(2) the attorney general shall give the putative holder notice in a record of the time and place of the conference;
(3) the conference may be held in person, by telephone, or by electronic means, as determined by the attorney general;
(4) the request tolls the ninety (90) day period under sections 66 and 67 of this chapter until notice of a decision under subdivision (7) has been given to the putative holder or the putative holder withdraws the request for the conference;
(5) the conference may be postponed, adjourned, and reconvened as the attorney general deems appropriate;
(6) the attorney general or the attorney general's designee with the approval of the attorney general may modify or withdraw a determination made under section 63 of this chapter; and
(7) the attorney general shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty (20) days after the conference ends.
(c) A conference under subsection (b) is not an administrative remedy and is not a contested case subject to IC 4-21.5. An oath is not required and rules of evidence do not apply in the conference.
(d) At a conference under subsection (b), the putative holder must be given an opportunity to confer informally with the attorney general and the person that examined the records of the putative holder to:
(1) discuss the determination made under section 63 of this chapter; and
(2) present any issue concerning the validity of the determination.
(e) If the attorney general fails to act within the period prescribed in subsection (b)(1) or (b)(7), the failure does not affect a right of the attorney general, except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 63 of this chapter during the period in which the attorney general failed to act until the earlier of:
(1) the date the putative holder initiates administrative review under section 66 of this chapter or files an action under section 67 of this chapter; or
(2) ninety (90) days after the putative holder received notice of the attorney general's determination under section 63 of this chapter if no review was initiated under section 66 of this chapter and no action was filed under section 67 of this chapter.
(f) The attorney general may hold an informal conference with a putative holder about a determination under section 63 of this chapter without a request at any time before the putative holder initiates administrative review under section 66 of this chapter or files an action under section 67 of this chapter.
(g) Interest and penalties under section 71 of this chapter 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.
As added by P.L.141-2021, SEC.20.
Structure Indiana Code
Article 34. Lost or Unclaimed Personal Property
Chapter 1.5. Revised Unclaimed Property Act
32-34-1.5-1. Nonapplicability of Chapter
32-34-1.5-2. Citation of Law as "Revised Unclaimed Property Act"
32-34-1.5-4. Presumption of Abandonment
32-34-1.5-5. Presumption of Abandonment for Property Held in a Pension Account or Retirement Account
32-34-1.5-6. Presumption of Abandonment for Property Held in a Tax Deferred Account or Plan
32-34-1.5-7. Presumption of Abandonment for Property Held in an Account Established for Minors
32-34-1.5-8. Presumption of Abandonment for Property Held in a Safe Deposit Box
32-34-1.5-9. Presumption of Abandonment for Securities
32-34-1.5-10. Presumption of Abandonment for Accrued Interest
32-34-1.5-11. Indication of Apparent Owner's Interest
32-34-1.5-12. Death of an Insured or Annuitant; Death Master File
32-34-1.5-13. Proceeds Payable Under an Insurance Policy or Annuity Contract
32-34-1.5-14. Property Located in Another State or Foreign Country
32-34-1.5-15. Property Subject to Custody of State as Unclaimed Property
32-34-1.5-16. Traveler's Checks; Money Orders
32-34-1.5-17. Disputes; Burden of Proof
32-34-1.5-18. Reporting Property Presumed Abandoned
32-34-1.5-19. Reporting Requirements
32-34-1.5-20. Reporting Deadlines
32-34-1.5-21. Retention of Records
32-34-1.5-22. Failure of Owner to Request Payment
32-34-1.5-23. Notice Sent to Apparent Owner
32-34-1.5-24. Notice Requirements
32-34-1.5-25. Publication of Notice in Newspaper and on Internet
32-34-1.5-26. Determining Current Address of Apparent Owner
32-34-1.5-27. Good Faith Payment or Delivery of Property
32-34-1.5-29. Delivery of Property to Attorney General
32-34-1.5-30. Liability for Property Paid or Delivered in Good Faith
32-34-1.5-31. Claims for Reimbursement and Return of Property
32-34-1.5-32. Property Removed From Safe Deposit Box
32-34-1.5-32.5. United States Savings Bonds
32-34-1.5-33. Gain Realized or Accrued on Property
32-34-1.5-34. Declining Custody of Property; Delivering Property Before Presumed Abandoned
32-34-1.5-35. Disposal of Property; Actions Against State
32-34-1.5-36. Periods of Limitation; Commencement of Action by Attorney General
32-34-1.5-37. Sale of Property
32-34-1.5-38. Sale of Securities
32-34-1.5-39. Transfer of Securities
32-34-1.5-40. Property Purchased at Sale
32-34-1.5-41. Medal or Decoration Awarded for Military Service
32-34-1.5-42. Abandoned Property Fund
32-34-1.5-43. Records Maintained by Attorney General
32-34-1.5-44. Deductions; Transfer to State General Fund
32-34-1.5-45. Property Not Owned by State
32-34-1.5-46. Property Subject to Superior Claim
32-34-1.5-47. Right of Another State to Take Custody of Property
32-34-1.5-48. Filing Claims for Property
32-34-1.5-49. Allowing and Denying Claims
32-34-1.5-50. Delivery of Property to Owner; Payment of Enforceable Debt
32-34-1.5-51. Action for Denial of Claim
32-34-1.5-53. Examining Records
32-34-1.5-54. Rules for Examining Records
32-34-1.5-55. Use and Disclosure of Records
32-34-1.5-56. Prima Facie Evidence of Debt or Obligation
32-34-1.5-57. Estimating Value of Property
32-34-1.5-58. Examination Report
32-34-1.5-59. Intervention in Examination; Request for Conference
32-34-1.5-60. Contract With Person to Conduct Examination
32-34-1.5-61. Ethics and Conflicts of Interest
32-34-1.5-62. Annual Report to Treasurer of State
32-34-1.5-63. Determination of Putative Holder's Liability
32-34-1.5-64. Request by Putative Holder for Informal Conference
32-34-1.5-65. Relief From Determination Made by Attorney General
32-34-1.5-66. Administrative Remedies
32-34-1.5-67. Judicial Review and Procedure
32-34-1.5-68. Enforcement of Determination
32-34-1.5-69. Exchanging Records With Another State or Foreign Country
32-34-1.5-70. Action With or on Behalf of Another State or Foreign Country
32-34-1.5-71. Interest Rates and Civil Penalties for Undelivered Property
32-34-1.5-72. Civil Penalties for Evasion and Fraudulent Reports
32-34-1.5-73. Waiving Interest and Penalties
32-34-1.5-74. Agreements to Locate or Recover Property
32-34-1.5-75. Unenforceable Agreements to Locate or Recover Property
32-34-1.5-76. Agent of Apparent Owner
32-34-1.5-77. Personal Information
32-34-1.5-78. Confidential Information
32-34-1.5-79. Disclosing Confidential Information
32-34-1.5-80. Confidentiality Agreements
32-34-1.5-81. Confidential Information in Notice
32-34-1.5-82. Responsibilities for Confidential Information; Security Plan
32-34-1.5-83. Notice of Breach of Confidential Information
32-34-1.5-84. Claims Regarding Confidential Information; Indemnification
32-34-1.5-85. General Purpose of Uniformity Among States