Title 33

1. Subject to superior claim of another state. If the administrator knows that property held by the administrator under this Act is subject to a superior claim of another state, the administrator shall: A. Report and pay or deliver the property to the other state; or [PL 2019, c.…

1. Subject to right of another state. Property held under this Act by the administrator is subject to the right of another state to take custody of the property if: A. The property was paid or delivered to the administrator because the records of the holder did not reflect a last…

1. Claim for property. A person claiming to be the owner of property held under this Act by the administrator may file a claim at any time for the property on a form prescribed by the administrator. The claimant must verify the claim as to its completeness and accuracy. 2. Waive;…

1. Administrator shall pay claim. The administrator shall pay or deliver property to a claimant under section 2153, subsection 1 if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.…

1. Pay or deliver within 30 days. Not later than 30 days after a claim is approved under section 2154, subsection 2, the administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to wh…

Not later than one year after being denied a claim under section 2154, the claimant may commence an action against the administrator in the Superior Court of Kennebec County to establish a claim.

If a person does not file a report required by section 2091 or the administrator believes that a person may have filed an inaccurate, incomplete or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. The veri…

The administrator, at reasonable times and on reasonable notice, may: [PL 2019, c. 498, §22 (NEW).] 1. Examine records. Examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are …

The administrator may adopt rules governing procedures and standards for an examination under section 2162.

Records obtained and records compiled, including work papers, by the administrator or the administrator's agent in the course of conducting an examination under section 2162: [PL 2025, c. 675, §30 (AMD).] 1. Confidentiality and security provisions. Are subject to the confidential…

1. Prima facie evidence of debt or obligation. A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. 2. Preponderance of evidence. A putative holder may establish by a preponderance of the evidence that …

If a person subject to examination under section 2162 does not retain the records as required by section 2094, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extr…

At the conclusion of an examination under section 2162, upon request, the administrator shall provide to the person whose records were examined a report that specifies: [PL 2019, c. 498, §22 (NEW).] 1. Work performed. The work performed; 2. Property types. The property types revi…

If a person subject to examination under section 2162 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the administrator to intervene and …

The administrator may contract with a person to conduct an examination under this subchapter.

If the administrator determines from an examination conducted under section 2162 that a putative holder failed or refused to pay or deliver to the administrator property that is reportable under this Act, the administrator shall issue a determination of the putative holder's liab…

1. Request for informal conference. Not later than 30 days after receipt of a notice under section 2170, the putative holder may request an informal conference with the administrator to review the determination. The holder must include in the request the specific items to be disc…

A putative holder may seek relief from a determination under section 2170 by: [PL 2019, c. 498, §22 (NEW).] 1. Administrative review. Administrative review under section 2183; or 2. Judicial review. Judicial review under section 2184.

1. Review under Maine Administrative Procedure Act. Not later than 90 days after receiving notice of the administrator's determination under section 2170, a putative holder may initiate a proceeding under the Maine Administrative Procedure Act for review of the administrator's de…

1. Action by putative holder. Not later than 90 days after receiving notice of the administrator's determination under section 2170, the putative holder may: A. File an action against the administrator in the Superior Court of Kennebec County challenging the administrator's deter…

1. Enforcement of determination. If a determination under section 2170 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the Superior Court of Kennebec County or in an appropriate court of another state to enforce t…

1. Exchange or examination. Subject to subsection 2, the administrator may: A. Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and [PL 2019, c. 498, §22 (NEW).…

1. Joint examination and enforcement. The administrator may join another state or foreign country to examine and seek enforcement of this Act against a putative holder. 2. Action by Attorney General. On request of another state or foreign country, the Attorney General may commenc…

1. Interest. A holder that fails to report, pay or deliver property within the time prescribed by this Act shall pay to the administrator interest at an annual rate of 18%, or 10% above the annual rate of discount in effect on the date the property should have been paid or delive…

1. Evading obligation or willfully failing to perform. If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this Act or otherwise willfully fails to perform a duty imposed on the holder under this Act, the administrator may requir…

The administrator: [PL 2019, c. 498, §22 (NEW).] 1. Waive interest and penalties. May waive, in whole or in part, interest under section 2194, subsection 1 and penalties under section 2194, subsection 2 or section 2195; and 2. Good faith, without negligence. Shall waive a penalty…

1. Agreements within 24 months. An agreement by an owner the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned is void and unenforceable if it was entered into during the period commencing on the date the prop…

1. Personal information defined. As used in this subchapter, "personal information" means: A. Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's: (1) Social security number or other gov…

1. Confidential. Except as otherwise provided in this Act, the following are confidential and exempt from public inspection and disclosure: A. Records of the administrator and the administrator's agent related to the administration of this Act; [PL 2019, c. 498, §22 (NEW).] B. Re…

1. To enforce or implement Act. When reasonably necessary to enforce or implement this Act, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to: A. An apparent owner or the apparent owner's att…

A person to be examined under section 2162 may require, as a condition of disclosure of the records of the person to be examined, that the administrator or the administrator's agent execute and deliver to the person to be examined a confidentiality agreement that: [PL 2019, c. 49…

1. Notice to holder. Except to the extent prohibited by law other than this Act, the administrator or administrator's agent shall notify a holder as soon as practicable of: A. A suspected loss, misuse or unauthorized access, disclosure, modification or destruction of confidential…

1. Indemnification of holder by State. If a claim is made or action commenced arising out of an event described in section 2215, subsection 1 relating to confidential information possessed by the administrator, this State shall indemnify, defend and hold harmless a holder and the…

This Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize el…

This Act does not relieve a holder of a duty that arose before October 1, 2019 to report, pay or deliver property. Subject to section 2120, subsection 2, a holder that did not comply with the law governing unclaimed property before October 1, 2019 is subject to applicable provisi…

This Act takes effect October 1, 2019.