R156-38a-204d. Depletion of Lien Recovery Funds - Potential Claims -- Provisional Acceptance of Applications

This section establishes procedures to be adopted in the event the Director determines there is no longer adequate money in the fund to pay claimants under Subsection 38-11-203(1)(c) or (2)(b). (1) The Director shall issue a notice that there is no longer adequate money in the fund to pay claimants. The notice shall remain in effect until the Director issues a notice under Subsection R156-38a-204d(3). (2) Upon issuance of the notice described in Subsection R156-38a-204d(1), the Division shall: (a) cease processing applications or making payments under Section 38-11-203; (b) suspend the application processing procedures described under the following Sections: (i) R156-38a-105b; (ii) R156-38a-203; (iii) R156-38a-204a through R156-38a-204c; and (iv) Subsections R156-38a-105a(5) through (9). (c) provisionally accept applications meeting the criteria listed under Subsections: (i) 38-11-204(4)(d)(i); (ii) 38-11-204(4)(d)(ii); (iii) 38-11-204(2)(a); (iv) 38-11-204(2)(b), (4)(d)(i), (4)(d)(iv), and (5); and (v) Section 38-11-204. (3) Upon issuance of a notice from the Director that adequate money to pay claimants has been allocated, the Division shall process applications in the order received under this section after payment of deferred filing fees by the applicant under Subsection R156-38a-202(3) are received. (4) Provisional acceptance of an application under Subsection R156-38a-204d(2)(c) does not constitute a final determination of a claim on the merits by the Division.