- Alaska Statutes.
- Title 34. Property
- Chapter 45. Unclaimed Property
- Section 400. Action to Establish Claim.
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AS 34.45.400. Action to Establish Claim.
- (a) A person aggrieved by a decision or action of the department under this chapter may apply to the department within 60
days after the mailing date of the department's notice to the person, giving notice of the grievance and requesting an
informal conference. At the conference the person aggrieved may present arguments and evidence relevant to the
decision or action of the department. If the department determines that a correction is warranted, the department
shall make the correction.
- (b) A person aggrieved by a decision or action of the department may apply to the department and request a formal hearing
- (1) in place of the informal conference provided for in (a) of this section, within 60 days after the mailing date of the
department's notice to the person; or
- (2) within 30 days after the decision resulting from an informal conference.
- (c) At the formal hearing, the administrative law judge from the office of administrative hearings (AS 44.64.010
) may subpoena witnesses and may administer oaths and make inquiries necessary to determine the validity of the claim.
The person aggrieved may present arguments and evidence relevant to the decision or action of the department. If, after
the hearing, the department determines that a correction is warranted, the department shall make the correction.
- (d) A person aggrieved by the decision of the department may, within 30 days after the formal hearing and decision by the
department, appeal to the superior court in the judicial district in which the person resides. The department shall
give appellant access to the department's file in the matter for preparation of the appeal. If, after the appeal is
heard, it appears that the decision of the department was correct, the court shall confirm that decision. If incorrect
the court shall determine the amount that the person aggrieved is entitled to recover and shall order the repayment.
The department shall immediately pay the amount due and attach a certified copy of the judgment to the payment.
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