Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 2 - PETITIONS FOR ADMINISTRATIVE FORFEITURE
Section 5-51-24 - Withdrawal of petition for administrative forfeiture

Universal Citation: HI Admin Rules 5-51-24

Current through August, 2024

(a) The prosecuting attorney may submit a motion to withdraw a petition for administrative forfeiture at any time prior to the filing of an order on the petition by the attorney general.

(b) Upon receipt of the motion to withdraw a petition, the attorney general shall file an order dismissing the petition without prejudice.

(c) Any petition dismissed without prejudice under this section shall comply with the refiling requirements set forth in section 5-51-22 herein.

(d) The prosecuting attorney shall be barred from refiling a petition that has been withdrawn if the petition is not refiled within the forty-five-day deadline provided in section 5-51-22(a) herein.

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