D.C. Code § 41-156.05
This is the official text of D.C. Code § 41-156.05, part of District of Columbia’s Code — part of the compiled statutory law of District of Columbia, published by the state as "Code." Browse the sections below, each linked to its official government source.
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§ 41-156.05. Recovery of property by holder from Administrator.
Official statutory text
(a) 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:
(1) Paid the money in error; or
(2) After paying the money to the Administrator, paid money to a person the holder reasonably believed entitled to the money.
(b) If a claim for reimbursement under subsection (a) of this section is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and payment was made to a person the holder reasonably believed entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.
(c) If a holder is reimbursed by the Administrator under subsection (a)(2) of this section, the holder may also recover from the Administrator income or gain under § 41-156.07 that would have been paid to the owner if the money had been claimed from the Administrator by the owner to the extent the income or gain was paid by the holder to the owner.
(d) 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:
(1) The holder delivered the property in error; or
(2) The apparent owner has claimed the property from the holder.
(e) If a claim for return of property under subsection (d) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.
vered the property in error; or
(2) The apparent owner has claimed the property from the holder.
(e) If a claim for return of property under subsection (d) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.
(f) 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.
(g) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
(h) Not later than 90 days after a claim is filed under subsection (a) or (d) of this section, the Administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the Administrator does not take action on a claim during the 90-day period, the claim is deemed denied.
(i) The claimant may bring an action in the Superior Court for review of the Administrator's decision or the deemed denial under subsection (h) of this section not later than:
(1) 30 days following receipt of the notice of the Administrator's decision; or
(2) 120 days following the filing of a claim under subsection (a) or (d) of this section in the case of a deemed denial under subsection (h) of this section.
(j) A final decision in an action brought under subsection (i) of this section is subject to review by the District of Columbia Court of Appeals.
(1) Paid the money in error; or
(2) After paying the money to the Administrator, paid money to a person the holder reasonably believed entitled to the money.
(b) If a claim for reimbursement under subsection (a) of this section is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder shall submit proof that the instrument was presented and payment was made to a person the holder reasonably believed entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.
(c) If a holder is reimbursed by the Administrator under subsection (a)(2) of this section, the holder may also recover from the Administrator income or gain under § 41-156.07 that would have been paid to the owner if the money had been claimed from the Administrator by the owner to the extent the income or gain was paid by the holder to the owner.
(d) 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:
(1) The holder delivered the property in error; or
(2) The apparent owner has claimed the property from the holder.
(e) If a claim for return of property under subsection (d) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.
vered the property in error; or
(2) The apparent owner has claimed the property from the holder.
(e) If a claim for return of property under subsection (d) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the Administrator in error.
(f) 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.
(g) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.
(h) Not later than 90 days after a claim is filed under subsection (a) or (d) of this section, the Administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the Administrator does not take action on a claim during the 90-day period, the claim is deemed denied.
(i) The claimant may bring an action in the Superior Court for review of the Administrator's decision or the deemed denial under subsection (h) of this section not later than:
(1) 30 days following receipt of the notice of the Administrator's decision; or
(2) 120 days following the filing of a claim under subsection (a) or (d) of this section in the case of a deemed denial under subsection (h) of this section.
(j) A final decision in an action brought under subsection (i) of this section is subject to review by the District of Columbia Court of Appeals.
Status: in_force · Read it on the official government site
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