Skip to main content
 
CFR › Title 21 › Chapter II › Part 1316 › Subpart F › Section 1316.93

21 CFR 1316.93 - Ruling on petition for expedited release in an administrative forfeiture action.

There is 1 rule appearing in the Federal Register for 21 CFR 1316. Select the tab below to view, or View eCFR (GPOAccess)
§ 1316.93
Ruling on petition for expedited release in an administrative forfeiture action.
(a) Upon receipt of a petition for expedited release filed pursuant to § 1316.92(a), the seizing agency shall determine first whether a final administrative determination of the case, without regard to the provisions of this subpart, can be made within 21 days of the seizure. If such a final administrative determination is made within 21 days, no further action need be taken under this subpart.
(b) If no such final administrative determination is made within 21 days of the seizure, the following procedure shall apply. The seizing agency shall, within 20 days after the receipt of the petition for expedited release, determine whether the petition filed by the owner has established the factors listed in § 1316.92(c) and:
(1) If the seizing agency determines that those factors have been established, it shall terminate the administrative proceedings and return the property to the owner (or in the case of a commercial fishing industry vessel for which a summons has been issued shall dismiss the summons), except where it is evidence of a violation of law; or
(2) If the seizing agency determines that those factors have not been established, the agency shall proceed with the administrative forfeiture.

Title 21 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 21.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 19 - CUSTOMS DUTIES

§ 1606 - Seizure; appraisement

§ 1607 - Seizure; value $500,000 or less, prohibited articles, transporting conveyances

§ 1608 - Seizure; claims; judicial condemnation

§ 1610 - Seizure; judicial forfeiture proceedings

§ 1613 - Disposition of proceeds of forfeited property

§ 1618 - Remission or mitigation of penalties

USC : Title 21 - FOOD AND DRUGS

§ 811 - Authority and criteria for classification of substances

§ 812 - Schedules of controlled substances

§ 822 - Persons required to register

§ 830 - Regulation of listed chemicals and certain machines

§ 871 - Attorney General

§ 871a - Semiannual reports to Congress

§ 872 - Education and research programs of Attorney General

§ 875 - Administrative hearings

§ 880 - Administrative inspections and warrants

§ 881 - Forfeitures

21 USC § 881–1, 881a - Transferred

§ 883 - Enforcement proceedings

§ 958 - Registration requirements

§ 965 - Applicability of part E of subchapter I

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 509 - Functions of the Attorney General

§ 510 - Delegation of authority

Public Laws

100-690

Title 21 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 21 CFR 1316 after this date.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316