Haw. Code R. § 5-51-41 - Administrative forfeiture settlements

(a) All administrative forfeiture settlement agreements between a prosecuting attorney and the interested party or parties as to the disposition of the subject property any time during an administrative forfeiture proceeding shall be submitted to the attorney general for approval or denial.

(b) The attorney general shall only consider for approval, settlement agreements that have been filed:

(1) After property subject to administrative forfeiture has been seized for forfeiture and notice has been given to the known interested parties, and prior to the filing of a petition for administrative forfeiture by the prosecuting attorney;

(2) After a petition for administrative forfeiture has been filed by the prosecuting attorney and the matter is pending; or

(3) In a pending administrative forfeiture matter, after a claim and cost bond or a claim and in forma pauperis bond has been filed by an interested party or parties, and prior to the filing of a verified judicial petition by the prosecuting attorney with the circuit court and within the forty-five days in which the prosecuting attorney has to file the verified judicial petition for forfeiture with the circuit court.

(c) The attorney general may only consider settlement agreements, for which the subject property has been properly seized for forfeiture, notice to all persons known to have an interest in the property has been provided, and publication as set forth under section 712A-8(c), Hawaii Revised Statutes, has been made.

(d) All proposed settlement agreements must be submitted to the attorney general in writing and must be signed by the prosecuting attorney and all the parties known to have an interest in the subject property of the settlement agreement.

(e) The attorney general shall not approve any settlement agreement that fails to satisfy (via written approval of the settlement agreement, waiver of all claims, or failure to take action upon proper notification) the claims of all parties known to have an interest in the subject property.

(f) Pursuant to the attorney general's approval of a settlement agreement, the subject property shall be disposed of in accordance with subchapter 7 herein.

(g) All settlement agreements approved by the attorney general must include language indemnifying the State and the department of the attorney general.

(h) When a settlement agreement is entered into pursuant to this section, the prosecuting attorney shall bear the burden of providing notice by publication to any unknown interested parties as required by section 712A-8(c), Hawaii Revised Statutes.

Notes

Haw. Code R. § 5-51-41

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