Chapter 1301:10-4 Claims
(A) Any person who claims a property interest in unclaimed funds paid or delivered to the director of commerce may file a claim to the funds under section 169.08 of the Revised Code. The claim shall be on a form prescribed by the director and shall be signed by the claimant before a notary as required by the director .
(B) The director shall consider each claim within one hundred twenty days after it is filed. The director shall consider matters relevant to any claim and is authorized to subpoena witnesses and documents to effectuate proper payment of any claim. The director may hold a hearing pursuant to division (B) of section 169.08 of the Revised Code to receive evidence concerning any claim if the director considers such hearing necessary, and shall hold such hearing if requested by the claimant .
(C) The director shall give written notice to the claimant, stating the substance of any evidence received and the reasons for disallowance of each claim denied in whole or in part. The decision shall be a public record.
(D) Such notice may be given by mailing it to the address stated in the claim. No notice of denial need be given if the claim fails to state the address of the claimant.
(E) The director shall certify the amount of all claims allowed to the office of budget and management for payment.
R.C. 119.032 review dates: 10/10/2013 and 01/20/2019
Promulgated Under: 119.03
Statutory Authority: RC 169.09
Rule Amplifies: RC 169.08
Prior Effective Dates: 12/20/1984; 10/14/1991; 7/29/2002; 4/30/2008
(A) An individual submitting a claim for funds must establish ownership and/or proper authority to claim the funds.
(1) Ownership may be established by supplying the director with the claimant's name, address and taxpayer identification number (social security number). Where the address shown by a holder's report is not the current address of the claimant, the claimant may submit correspondence, statements or copies of other documents that were received at or addressed to the last known address reported. The claimant may also submit documentation substantiating a relationship with the reporting holder.
(2) A claim filed by an individual who purports to act by a valid power of attorney must present evidence of the existence of an agreement to claim the specific funds.
(3) A claim filed by an individual who purports to act for a partnership, association, limited liability company or corporation must be executed by an individual duly authorized to act on behalf of the partnership, association, limited liability company or corporation.
(4) Agreements to pay a fee, compensation, commission or other remuneration to locate, deliver, recover, or assist in the recovery of unclaimed funds must be submitted to the division for review of compliance with all the requirements of section 169.13 of the Revised Code and registration pursuant to section 169.16 of the Revised Code before a claim form may be issued to the finder or person with whom the owner has entered into an agreement.
(5) When an individual, partnership, association, limited liability company or corporation is in receivership or in bankruptcy, the receiver or trustee in bankruptcy is the proper claimant upon the presentment of certified copies of the entry of appointment. If execution has been levied on the unclaimed funds, a certified copy of the judgment entry or order of execution must be submitted by the creditor and properly served in accordance with the statutes governing the applicable execution procedure, before the processing of a creditor's claim.
Payment will not be made under this paragraph to the owner after due notice has been received by the director from the receiver, the trustee in bankruptcy or the court in which the execution has been levied.
(6) Where a partnership, association, limited liability company or corporation has ceased to exist, the claimant must file evidence of authority to make the claim and receive the funds pursuant to the dissolution agreement or under applicable state and federal statutes.
(7) Where unclaimed funds are reported to the director in the name of a decedent, the claimant must submit a certified copy of the probate court document showing the claimant's current status as executor, administrator or commissioner in the estate and under current date, or if the estate is closed, or if there was no administration of the estate, other appropriate documentation substantiating the claimant's right to the funds, including, in such circumstances, but not limited to, a valid death certificate.
(8) Where unclaimed funds are the assets of a ward, the guardian must present a certified copy of the appointment, under current date.
(9) Where unclaimed funds are reported in the name of a trust or trustee, the claimant must present a certification of trust meeting all the requirements of section 5810.13 of the Revised Code to certify that the claimant currently serves as a trustee under the trust agreement.
(10) Where unclaimed funds are reported in the name of a political subdivision, the claimant must present evidence of the authority to claim the funds on behalf of the political subdivision.
(11) When the unclaimed funds are reported in the name of an owner residing or located outside the United States, or if the claimant is residing or located outside the United States, the claim form, power of attorney, finder's agreement, or other original document signed by the owner or claimant and required to be filed with the division must be notarized and authenticated through the U.S. consulate in the owner's or claimant's country of residence or location, or notarized and certified by a Hague Convention Apostille.
(B) The criteria stated in this rule which is considered in the payment of claims is not all inclusive. Latitude may be provided in the claim paying process to allow for individual and unique situations which arise. The division shall exercise its sole discretion in determining the sufficiency of documentation to prove a claim and to allow for payment.
(C) Current date, for purposes of this rule, shall be no more than two years from the date the claim is filed.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: ORC 169.09, 119.03
Rule Amplifies: ORC 169.08, 169.13
Prior Effective Dates: 12/20/1984, 8/16/1997, 7/29/2002, 4/5/2010, 1/17/2012