Haw. Code R. § 5-51-25 - Documentation of service efforts for notice of pending forfeiture and petition for administrative forfeiture

(a) In addition to complying with the notice requirements in sections 712A-10(2), 712A-10(3), and 712A-8, Hawaii Revised Statutes, when serving copies of the notice of pending forfeiture and petition for administrative forfeiture on any interested party or parties, the prosecuting attorney shall:

(1) Submit to the attorney general, as soon as practicable, a "Certificate of Service and Certificate of Attempt to Serve," a sample of which is attached hereto as appendix H, that indicates whether service was:

(A) Completed by personal service;

(B) Completed by certified mail;

(C) Attempted by certified mail, which was returned and marked "UNCLAIMED" or "REFUSED," and was subsequently completed by regular mail; or

(D) Attempted by both certified and regular mail and both were returned. In such instances, the prosecuting attorney shall also indicate all other efforts undertaken to serve the interested party and shall complete the "Certificate of Attempt to Serve" section of the sample form attached hereto as appendix H; and

(2) Submit to the attorney general either a copy of the original return receipt for certified mail or copy of the returned envelope.

(b) In matters for which service attempts are unsuccessful, the attorney general shall determine whether the service efforts are sufficient. In the event service efforts are deemed insufficient, the attorney general may require the prosecuting attorney to make further service efforts, which may include providing notice by publication pursuant to section 712A-8(c), Hawaii Revised Statutes.

Notes

Haw. Code R. § 5-51-25

[Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-8, 712A-10)