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(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.
(a) If the Commissioner determines that a single claimant for a forfeited vehicle is entitled to redeem the forfeited vehicle, the Department shall serve, with the Commissioner's final decision, a Notice of Right To Redeem Forfeited Vehicle.
(b) The Notice of Right To Redeem Forfeited Vehicle shall advise such claimant that he or she may redeem the forfeited vehicle within thirty (30) days of the date of mailing of such Notice, but no earlier than seven (7) days from such date.
(c) Such claimant may redeem the forfeited vehicle by tendering a certified check or teller's check for the total of:
(1) the amount of the Forfeited Ownership Interest; and
(2) the amount of the reasonable expenses of the safekeeping of the vehicle between the time the vehicle was impounded and the date of redemption.
(d) Should the Commissioner determine that more than one claimant has a valid ownership or security interest in the vehicle, the Commissioner shall not deliver the vehicle to any such claimant, unless all such claimants tender to the Department a stipulation
(1) designating a claimant who shall redeem and take delivery of the forfeited vehicle, and
(2) holding the City of New York, its agencies and officials harmless from any claim of misdelivery of the forfeited vehicle. If no such stipulation and release is tendered, an interpleader action, in which such claimants can adjudicate their right to take delivery of the forfeited vehicle, shall be promptly commenced on behalf of the Department in a court of competent jurisdiction.
(b) If a claim is received by the Department for a forfeited vehicle, the Department shall maintain custody of such vehicle pending the determination of the claim.
(c) If no timely claim for a forfeited vehicle is received by the Department, or if all claim(s) are denied by the Commissioner, or if the vehicle is not redeemed in accordance with 16 RCNY § 12-08, the Department shall give notice of the public sale of the forfeited vehicle by placing an advertisement in a newspaper of general circulation not less than twenty (20) days before the deadline for submission of bids. Such advertisement shall notify the public of:
(1) the opportunity to submit sealed competitive bids for the purchase of the forfeited vehicle;
(2) the date by which such bids must be submitted;
(3) the date, time and location of the public proceeding at which the bids shall be opened.
(d) Any person whose ownership interest in the forfeited vehicle was adjudicated forfeited, or whose claim for delivery of the vehicle was denied, and any officials, employees, agents, representatives, or successors in interest of such person, shall be ineligible to bid for the vehicle, and any such bid shall be rejected.
(e) All timely bids received by the Department shall be opened at a public proceeding. Bidders need not be present at such proceeding. Notice of the winning bid shall be promptly mailed to the winning bidder.
(f) If a tie between two or more bidders occurs, the tied bidders shall submit a new sealed bid within ten (10) days of the date of mailing of the notice of the tied bid. If a tie occurs after the second round of bidding, the winning bid shall be selected among the tied bidders by lottery.
(g) The Commissioner shall reject as inadequate any bid that is not equal to or greater than the N.A.P.A. ("Blue Book") valuation, or other reasonable estimation approved by the Commissioner of the forfeited vehicle being offered for sale.
(h) If the Commissioner determines that no adequate bids have been timely submitted, the forfeited vehicle shall be retained by the Department for Department use or disposal.
(i) Failure by the winning bidder to tender payment in full within thirty (30) days from the date of mailing of the winning bid shall result in the rejection of the bid. The next highest adequate bid shall then be deemed the winning bid.