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(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or refusal to timely submit any required information or documentation shall cause the claim to be deemed abandoned and withdrawn.
(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.
(a) If no claimant for a forfeited vehicle requests a hearing, the claim(s) shall be decided by the Commissioner on the basis of the written submissions. The Commissioner shall render a final decision determining each claim for a forfeited vehicle.
(b) If a hearing is conducted, the hearing officer shall forward to the Commissioner a recommended decision setting forth recommended findings of fact and a recommendation as to each claim. The Commissioner shall issue a final decision determining each claim.
(c) Determinations of claim(s) for forfeited vehicles shall set forth:
(1) the value of the ownership interest which was adjudicated forfeited ("Forfeited Ownership Interest"); and
(2) the name(s) of the claimant(s), if any, who are entitled to redeem the forfeited vehicle.
(d) Except as otherwise provided by and subject to the requirements of 16 RCNY § 12-08, a claimant shall be entitled to redeem the forfeited vehicle if the Commissioner finds that the evidence establishes that the claimant did not expressly or implicitly permit the use of the forfeited vehicle for the acts constituting the illegal dumping in violation of § 16-119. In making such determination, the following factors, among other things, may be considered:
(1) Whether the claimant knew or should have known that the person whose interest in the vehicle was forfeited had previously been convicted of or found liable for illegal dumping; and
(2) What actions were taken by the claimant to ensure that the vehicle was not used for illegal dumping.
(e) A copy of the Commissioner's final decision shall be sent to each claimant, together with a notice that the Department will deliver the forfeited vehicle to the claimant(s) who are entitled to redeem the vehicle and who redeem the vehicle in accordance with 16 RCNY § 12-08, or the Department will dispose of the forfeited vehicles in accordance with 16 RCNY § 12-09.
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