§ 1179 — Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25]

Delaware § 1179

• Jurisdiction: Delaware
• Title: 12
• Part: Descent and Distribution; Escheat
• Ch. 11: ESCHEATS
• Subch.: Unclaimed Property

Text

(a) If, after examining any report required by this chapter and filed by or on behalf of a holder or after the conclusion of an examination of a holder, the State Escheator determines that a holder has underreported unclaimed property due and owing under this chapter, the State Escheator shall mail a statement of findings and request for payment to the holder that filed, or on whose behalf the report was filed, or that was the subject of an examination. Ninety days after the date on which the State Escheator mails a statement of findings and request for payment, it shall constitute the State Escheator’s final determination of the amount of the holder’s liability, including interest and penalties, if any, for the unclaimed property specified in the statement of findings and request for payment.

(b) Not later than 90 days after the State Escheator mails a statement of findings and request for payment, the holder may do any of the following:

(1) File an action against the State Escheator in the Court of Chancery challenging the State Escheator’s determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part.

(2) Pay the amount or deliver the property determined by the State Escheator to be paid or delivered to the State Escheator and file an action against the State Escheator in the Court of Chancery for a refund of all or part of the amount paid or return of all or part of the property delivered.

(c) If the holder pays or delivers property the State Escheator determined must be paid or delivered to the State Escheator at any time after the holder files an action under paragraph (b)(1) of this section, the Court of Chancery shall continue the action as if it had been filed originally as an action for a refund or return of property under paragraph (b)(2) of this section.

(d) In the appeal to the Court of Chancery, the Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the State Escheator and of the purposes of the basic law under which the State Escheator has acted. The Court’s review shall be limited to a determination of whether the statement of findings and request for payment was the product of an orderly and logical deductive process rationally supported by substantial, competent evidence on the hearing record. The Court shall review errors of law de novo, and the Court’s review shall include state or federal constitutional questions related to the examination. If the Court determines that the statement of findings and request for payment is insufficient for its review, it shall remand to the State Escheator for further proceedings.

(e) When a determination under this section becomes final and is not subject to judicial review, the State Escheator may commence an action in the Court of Chancery or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property.

Legislative History

68 Del. Laws, c. 122, § 7 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 417, § 1 ; 80 Del. Laws, c. 2, § 1 ; 81 Del. Laws, c. 1, § 2 ; 83 Del. Laws, c. 59, § 20