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Showing posts from September, 2013

Michigan Considers Controversial Administrative Appeals Process

Many state unclaimed property acts explicitly provide for an administrative appeals process pursuant to which a court or other "independent" entity will review the administrator's decision.  Examples can be found in Delaware and Massachusetts law.  Even where a state unclaimed property act does not have a formal review process enshrined in the law, most state constitutions enshrine the doctrine of judicial review (that is, the ability of a court to review executive or legislative actions. The Michigan legislature is currently considering House Bill 4703 , which would create an administrative appeal process to review decisions of the state's unclaimed property administrator.  Currently, under the Michigan Act, a party aggrieved by a decision has 90 days to institute proceedings in court for review.  House Bill 4703 would create a multi-tiered intermediate appeal process (which could last for the better part of 2 years) that a holder would have to avail itself of be