Haw. Code R. § 5-51-23 - Amended petitions for administrative forfeiture

(a) The prosecuting attorney may seek to amend a petition, provided the amended petition:

(1) Complies with the filing requirements set forth in subchapter 2 herein;

(2) Is received by the attorney general prior to the filing of any order in the matter;

(3) Includes a transmittal stating the good faith reason the amended petition is necessary; and

(4) Complies with deadlines set by the attorney general within the attorney general's discretion and pursuant to the applicable law.

(b) The attorney general shall not accept an amended petition for administrative forfeiture unless there is a good faith reason for the amendment.

(c) An amended petition that fails to comply with the requirements, set forth in subchapter 2 herein, may be dismissed or denied by the attorney general with or without prejudice. Any order of dismissal or denial issued pursuant to subchapter 2 herein shall state the underlying reason(s) for dismissal or denial.

(d) There shall be no appeal from the attorney general's decision or order pursuant to section 712A-10(11).

Notes

Haw. Code R. § 5-51-23

[Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-10)