§ 12-03 Notice of Anticipated Sale.

   (a)   Upon receipt of such information, the Department shall promptly give notice to each person identified by DMV as possessing a security interest in the forfeited vehicle that such vehicle has been judicially declared forfeit, and consequently that such vehicle is subject to sale by the Department. Such Notice of Anticipated Sale shall set forth or annex documentation indicating the following:

      (1)   The caption, court and index number of the action in which the judgment of forfeiture was entered;

      (2)   A description of the forfeited vehicle;

      (3)   A list of all persons identified by DMV as possessing an ownership or security interest in the forfeited vehicle;

      (4)   A statement advising such person of his or her right to submit a claim for the delivery of the forfeited vehicle subject to the provisions of § 16-119 and these Rules and of his or her right to request a hearing on such claim, and that such claim and any request for a hearing must be submitted to the Department within forty-five (45) days of the date of mailing of the Notice of Anticipated Sale;

      (5)   A conspicuous warning that failure to timely act to protect their interest may result in the loss of the ownership interest in the forfeited vehicle;

      (6)   The date of mailing of the Notice of Anticipated Sale.

   (b)   The Department shall not be required to send such Notice of Anticipated Sale to any person whose rights were adjudicated forfeited in the action or proceeding in which the judgment of forfeiture was entered, or to any person not identified by DMV as possessing an ownership or security interest in the vehicle.

§ 12-04 Submission of Claims.

   (a)   Any person with an ownership interest in a forfeited vehicle must submit a claim to the Department in accordance with this section to preserve such interest. Failure to submit a claim, or failure to submit a claim within the time allowed for such claims, shall constitute an abandonment of the vehicle and any ownership interest which such person may have in the forfeited vehicle.

   (b)   A claim for the delivery of a forfeited vehicle must be received by the Office of General Counsel of the Department no later than forty-five (45) days after the date of mailing of the Notice of Anticipated Sale.

   (c)   Each claim must include:

      (1)   A completed financial disclosure statement in a form prescribed by the Department, which shall identify and document the claimant's ownership interest in the vehicle; the ownership interest in the vehicle of the party found guilty of or liable for illegal dumping; and the relationship between the claimant and such party.

      (2)   A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives or predecessors in interest, permitted or had knowledge of the use of the forfeited vehicle for illegal dumping;

      (3)   A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives, have ever been convicted of or found liable for illegal dumping.

      (4)   A statement indicating whether the claimant requests or waives a hearing on the claim.

   (d)   The Department may require that a claimant submit further information or documentation. The claimant shall respond to such requests within thirty (30) days of the date of mailing of the request.

   (e)   All statements submitted by a claimant shall be duly sworn and notarized.

   (f)   Failure or refusal to timely submit any required information or documentation shall cause the claim to be deemed abandoned and withdrawn.

§ 12-05 Multiple Claims for a Forfeited Vehicle.

If there is more than one claimant for a forfeited vehicle, all claims shall be consolidated and considered together.

§ 12-06 Hearings.

   (a)   The Department retains jurisdiction to conduct hearings pursuant to § 16-119 and these Rules. The Commissioner may, in his or her discretion, refer matters to the New York City Office of Administrative Trials and Hearings for hearing and recommended decision.

   (b)   A request for a hearing shall be made at the time a claim is filed, in accordance with subdivision (d)(3)(iv) of these provisions.

   (c)   If a hearing is requested by a claimant, all claims for the forfeited vehicle shall be referred to a hearing officer, and a hearing scheduled for a date not earlier than ten (10) days thereafter.

   (d)   The hearing shall be conducted in accordance with the provisions of the New York City Administrative Procedure Act, Section 1046(c) of the Charter.