---
title: O.C.G.A. § 44-12-222. Determination of claim; hearing.
collection: code
id: 44-12-222
cite_as: O.C.G.A. § 44-12-222 (2025)
canonical_url: https://georgiacommons.org/code/44-12-222
md_url: https://georgiacommons.org/code/44-12-222.md
text_url: https://georgiacommons.org/code/44-12-222/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-17-(v32)-pdf.pdf?sfvrsn=a600a9b5_0#page=29
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-12.md
previous: https://georgiacommons.org/code/44-12-221.md
next: https://georgiacommons.org/code/44-12-223.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / RIGHTS IN PERSONALTY / DISPOSITION OF UNCLAIMED PROPERTY
extraction_warnings:
  - dehyphenation_unverified:ad-missible
---

# O.C.G.A. § 44-12-222. Determination of claim; hearing.

(a) The commissioner shall consider any claim filed under this article, and in rendering a determination on the merits of any such claim, shall rely on the applicable statutes, regulations, and relevant court decisions.

(b) In his or her sole discretion, the commissioner may hold a hearing and receive evidence concerning any unclaimed property claim filed under this article. If a hearing is held, the commissioner, or his or her designated representative, shall consider evidence that would be admissible in contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In any proceeding for determination of a claim to property, the burden shall be upon the claimant, or the claimant’s agent, including a claimant’s designated representative, to establish entitlement to the property by a preponderance of evidence.

(c) If a hearing is held, the commissioner, or his or her designated representative, shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him or her and the reasons for his or her decision. The decision shall be a public record and deemed the final agency decision.

(d) If the claim is approved, the commissioner shall make payment pursuant to paragraph (2) of subsection (d) of Code Section 44-12-220. Claims shall be paid without deduction for costs of notice.

## History

Code 1981, § 44-12-222, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 2023, p. 266, § 7/SB 103, effective July 1, 2024.

## Amendments

The 2023 amendment, effective July 1, 2024, rewrote this Code section.