We received a complaint about the Division of Banking and Securities not returning overpaid filing fees. The complainant had mistakenly overpaid the fee associated with its annual corporate filings, which the Division acknowledged. However, the Division declined to refund or credit the overpayment to the complainant.
The ombudsman investigator confirmed the overpayment, and determined that, while a refund was not permitted by state law, the Division had discretion to consider other ways to resolve the complaint. After the investigator communicated with the agency about the complaint, the Division identified a way to credit to the overpayment, ensuring that the complainant did not lose the more than $10,000 paid in error.