[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR35.49]



[Page 118-119]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 35_HOSPITAL AND STATION MANAGEMENT--Table of Contents

 

      Subpart D_Disposal of Money and Effects of Deceased Patients

 

Sec. 35.49  Sale of unclaimed effects; procedures.



    The following provisions shall govern the sale of effects:

    (a) Notice. Reasonable advance notice of proposed sales shall be 

posted at such prominent places in the station or hospital area as the 

officer in charge may designate. In addition, a notice shall be posted 

at the nearest post office, and notices shall be sent by mail to all 

known persons to whom delivery of money and effects of the patient may 

be made under the provisions of this subpart. The officer or employee 

who posts or sends notices of sales shall make an appropriate affidavit 

on a copy of the notice as to his action in that respect, including in 

his affidavit the names of persons to whom copies of the notices were 

mailed and the mailing dates. The copy of the notice on which the 

affidavit appears shall be retained in the files of the station or 

hospital.

    (b) Form and contents of notice. Notice of proposed sales shall be 

given on a form prescribed by the Surgeon General. The notice shall 

include: an inventory of the effects to be offered for sale; the names 

of the patients from whom the effects were received; the precise date, 

time, and place when and where the sale will be held; a statement that 

the articles will be available for inspection immediately prior to sale, 

if sold at public auction, or on a day and during the hours appointed 

for



[[Page 119]]



the inspection of articles if sold by sealed bid; a statement that the 

sale is to be held pursuant to the provisions of the regulations in this 

part, that, if the articles are to be sold by sealed bid, the right to 

reject all bids is reserved, and that, if otherwise authorized, delivery 

will be made of effects or proceeds of sales to persons filing claims 

prior to the sale of effects or prior to the transmittal of proceeds to 

the Surgeon General.

    (c) Time and place of sales. All sales shall be held at reasonable 

hours and at such places within the station or hospital area as the 

officer in charge may designate.

    (d) Who shall conduct sales. All sales shall be conducted by the 

officer in charge or by a responsible officer or employee designated by 

him.

    (e) Sale and delivery. All effects offered for sale shall be sold to 

the highest bidder and delivered to him immediately upon payment of the 

sale price in cash or by postal money order or certified check and 

execution of an appropriate receipt by the person to whom delivery is 

made.