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Administrative Rule 090.12-2 Release of Held or Seized Property

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Secondhand Dealers

Administrative Rule 090.12-2 Release of Held or Seized Property

Items held or seized under Section 14B.90.090 D may not be released to anyone other than the Dealer unless the property is released to:

A. Another law enforcement agency that has provided documentation to the satisfaction of the Chief of Police of the stolen status of the property, or

B.  A person who reported the property as stolen; and

1. A stolen property report has been filed with a law enforcement agency where making an untruthful report is a violation of the law, and

2. A notice has been delivered to the Dealer holding the property or from whom the property was seized.

a. The notice required by this subsection will state that the property will be released to the person who has filed the stolen property report unless the Dealer or pawner/seller files a motion for return of seized property within 10 days of the date of the notice and in the manner set forth in the notice.

b. The notice required by this subsection will be sent electronically with a request for acknowledgement, or delivered in person to the Dealer at the email or physical address shown on the Dealer’s permit application or most recent permit renewal application, and to the pawner/seller at the address shown in the transaction report required by Section 14B.090.

c. The notice required by this subsection will provide the information necessary to submit a motion for return of seized property.

d. The failure of any person to receive the notice required in this subsection will not invalidate or otherwise affect the proceedings of this subsection. 

 

signed by Thomas W. Lannom                                                          7/9/2012

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Director, Revenue Bureau                                                                Date Adopted