Haw. Code R. § 5-51-72 - Return of property to an interested party

The return of property seized pursuant to an administrative forfeiture proceeding to an interested party or parties shall be accomplished as follows:

(1) In all administrative forfeiture proceedings where a petition for administrative forfeiture has been filed, property shall not be returned to any owner or interested party until the attorney general's order providing for such return has been filed and publication, as set forth under section 712A-8(c), Hawaii Revised Statutes, has been made;

(2) In administrative forfeiture proceedings where a settlement agreement has been proposed that provides for the return of property, property shall not be returned unt i1:

(A) All persons known to have an interest in the property have been notified;

(B) Publication as set forth under section 712A-8(c), Hawaii Revised Statutes, has been made; and

(C) The attorney general files an order approving the settlement agreement;

(3) In administrative forfeiture proceedings where a claim and cost bond or a claim and in forma pauperis bond has been filed by any interested party and the prosecuting attorney elects to honor the claim, the prosecuting attorney shall notify the attorney general of its decision to honor the claim and shall do so in writing within forty-five days of receipt of notice that the claim and cost bond or the claim and in forma pauperis bond has been filed. Upon receipt of notice that the prosecuting attorney has elected to honor the claim, the attorney general shall file an order directing the return of subject property to the interested party or parties;

(4) In matters initially filed as administrative forfeitures and then transferred to the court, after the court has issued a final judgment or order, the attorney general shall file an administrative order recognizing the judicial judgment or order. When a judicial order directs the return of subject property, the administrative order filed by the attorney general shall order the return of subject property to the seizing agency for return to the interested party or parties;

(5) In forfeiture matters that are initially filed judicially with the court and after the court issues a final judgment or order, no administrative order shall be filed by the attorney general and the subject property shall be disbursed pursuant to the order of the court; and

(6) Whenever the attorney general dismisses a petition with prejudice, the prosecuting attorney fails to refile a petition dismissed without prejudice, or the attorney general denies a petition, the attorney general may file an order directing the return of the subject property to the seizing agency so that the subject property may be returned to the interested party or parties.

Notes

Haw. Code R. § 5-51-72

[Eff 1/17/2020] (Auth: HRS §§ 712A-10, 712A-16) (Imp: HRS §§ 712A-1, 712A-8, 712A-10, 712A-16)