§ 12-09 Disposal of Forfeited Vehicle.

   (a)   If no claim is received by the Department within the time for submission of such claim set forth in 16 RCNY § 12-04(b), the Department shall dispose of the forfeited vehicles pursuant to § 16-119 and in accordance with the procedures set forth in this section.

   (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.

§ 12-10 Service of Required Notices.

All notices required by these Rules shall be sent by certified, return receipt mail and regular mail to the address of the person provided by DMV, the claimant, or the bidder, as applicable. Service shall be deemed complete upon mailing.