Washington § 63.30.360 - Recovery of property by holder from administrator.

(1) A holder that under this chapter pays money to the administrator may file a claim for a refund from the administrator of the amount paid if the holder:

(a) Paid the money in error to the administrator; or

(b) After paying the money to the administrator, paid money to a person the holder reasonably believed was entitled to the money.

(2) If a claim for a refund under subsection (1) of this section is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder must submit proof that the instrument was presented and the payment was made to a person the holder reasonably believed was entitled to the payment. The holder may claim a refund even if the payment was made to a person whose claim was made after the expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.

(3) If a holder is paid by the administrator under subsection (1)(b) of this section, and the property was an interest-bearing demand, savings, or time deposit, the holder may also recover from the administrator interest under RCW 63.30.380 that would have been paid to the owner if the money had been claimed from the administrator by the owner to the extent the interest was paid by the holder to the owner.

(4) A holder that under this chapter delivers property other than money to the administrator may file a claim for return of the property from the administrator if:

(a) The holder delivered the property to the administrator in error; or

(b) The apparent owner has claimed the property from the holder.

(5) If a claim for return of property under subsection (4) of this section is made, the holder must include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the administrator in error.

(6) The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to a refund or to recover property under this section.

(7) A holder is not required to pay a fee or other charge for a refund or return of property under this section.

(8) Not later than 90 days after a claim is filed under subsection (1) or (4) of this section, the administrator must allow or deny the claim and give the holder notice of the decision in a record. If the administrator does not take action on a claim during the 90-day period, the claim is deemed denied.

(9)(a) If, upon receipt of an application under this section for a refund or return of property, or an examination conducted under RCW 63.30.580, it is determined by the administrator that any amount, interest, or penalty has been paid in excess of what was properly due under this chapter or that any property was delivered to the administrator under this chapter in error, then except for amounts delivered by the administrator to a claimant under RCW 63.30.540 and 63.30.550, the excess amount must be refunded to the holder, or the property delivered in error returned to the holder, as the case may be.

(b)(i) Except as otherwise provided in this section, no refund or return of property may be made for any amount or property paid or delivered, or for any interest or penalty paid, more than six years after the end of the calendar year in which the payment or delivery occurred.

(ii) The expiration of the limitations period in (b)(i) of this subsection will not restrict a refund or the return of property if the administrator received a complete application for such refund or return of property before the expiration of such limitations period.

(10) The execution of a written waiver signed by the holder and the administrator will extend the time for making a refund of any amounts paid, or a return of property delivered in error, during, or attributable to, the years covered by the waiver if, before the expiration of the waiver, a complete application for refund or return of such amounts or property is made by the holder or the administrator discovers a refund is due or a return of property under this section is required.

(11) For purposes of this section, an application for a refund or return of property is complete if it includes information the administrator deems sufficient to substantiate the holder's claim for a refund or return of property. If the administrator receives an incomplete application before the expiration of the limitations period in subsection (9)(b)(i) of this section, the administrator must provide the holder written notice of the deficiencies of information in the application and grant the holder 90 days from the date of such notice to provide sufficient documentation to substantiate the holder's claim for a refund or return of property.

(12) Interest as provided under RCW 82.32.050 (1)(c) and (2) must be added to the amount of any refund allowed by the administrator or any court. Interest must be computed from the date the administrator received the excess payment until the date the refund is issued.

(13) Decisions under this section are subject to review under RCW 63.30.730 and 63.30.740.

Retroactive application—2025 c 29 ss 3-6, 14-17, and 20-23: See note following RCW 63.30.010.