Rules for conducting examination.

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(1) The administrator shall adopt rules governing procedures and standards for an examination under section 38-13-1002, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.

  1. An examination under section 38-13-1002 must be performed under rules adoptedunder subsection (1) of this section and with generally accepted examination practices and standards applicable to an unclaimed-property examination.

  2. If a person subject to examination under section 38-13-1002 has filed the reportsrequired by sections 38-13-401 and 38-13-1001 and has retained the records required by section 38-13-404, the following rules apply:

  1. The examination must include a review of the person's records;

  2. The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and

  3. The person conducting the examination shall consider the evidence presented in goodfaith by the person in preparing the findings of the examination under section 38-13-1007.

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 445, § 1, effective July 1, 2020.


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