58-3957. Filing of claim with administrator.
58-3957
58-3957. Filing of claim with administrator.(a) A person, excluding another state, claiming an interest inanyproperty paid or delivered to the administrator may file with the administratoraclaim on a form prescribed by the administrator and verified by the claimant. Theadministrator may hold a hearing on the claim in accordance with theprovisions of the Kansas administrative procedure act. The decisionresulting from any hearing shall be a public record.
(b) The administrator shall consider each claim within 90 days afterit is filed and give written notice to the claimant if the claim isdenied in whole or in part. The notice may be given by mailing it tothe last address, if any, stated in the claim as the address to whichnotices are to be sent. If no address for notices is stated in theclaim, the notice may be mailed to the last address, if any, of theclaimant as stated in the claim. No notice of denial need be given ifthe claim fails to state either the last address to which notices areto be sent or the address of the claimant.
(c) If a claim is allowed, the administrator shall pay over or deliverto the claimant the property or the amount the administrator actuallyreceived or the net proceeds if it has been sold by the administrator,together with any additional amount required by K.S.A. 58-3954 and amendmentsthereto. Interestreported under the previous disposition of unclaimed property actshall not be computed, paid or delivered to the claimant after enactmentof this act. If the claim is for property presumed abandoned underK.S.A. 58-3943 and amendments thereto which was sold by the administratorwithinthree years afterthe date of delivery, the amount payable for that claim is the valueof the property at the time the claim was made or the net proceeds ofsale, whichever is greater.
(d) Any holder who pays the owner for property that has been deliveredto the state and which, if claimed from the administrator, would besubject to subsection (c) shall add any additional amount as providedin K.S.A. 58-3954 and amendments thereto. The additional amount shall be repaidtothe holder bythe administrator in the same manner as the principal.
History: L. 1994, ch. 8, § 24; March 3.