Current through August, 2024
In addition to the requirements set forth in section
712A-10,
Hawaii Revised Statutes, the filing requirements for a petition for remission
or mitigation of forfeiture; a claim and cost bond; or a claim and in forma
pauperis bond are as follows:
(1) A
party named as an interested party in a petition for administrative forfeiture
shall file a petition for remission or mitigation of forfeiture; a claim and
cost bond; or a claim and in forma pauperis bond with the attorney general
within thirty days after being served with a copy of the notice of pending
forfeiture and petition for administrative forfeiture. As defined by section
5-51-31 herein, a party other than the party named as an interested party, or
any party served with written notice, shall file a petition for remission or
mitigation of forfeiture; a claim and cost bond; or a claim and in forma
pauperis bond with the attorney general within thirty days of notice by
publication;
(2) Any request for an
extension of time in which to file a petition for remission or mitigation of
forfeiture; a claim and cost bond; or a claim in forma pauperis bond:
(A) Shall be made in writing; and
(B) May be submitted to the attorney general
by e-mail, facsimile transmittal, or mail;
(3) When a party claiming an interest in the
subject property submits a petition for remission or mitigation of forfeiture,
the following procedures shall apply:
(A)
Within thirty days of receipt of the petition, the attorney general shall
review the petition and determine if it complies with the filing requirements
set forth in chapter
712A, Hawaii Revised Statutes, and
these rules;
(B) In matters where
the attorney general determines that the petition fails to comply with the
applicable filing requirements, the attorney general may:
(i) File both a notice of receipt of petition
for remission or mitigation of forfeiture and an order denying the petition for
remission or mitigation of forfeiture, and shall send copies of both the notice
and order to the prosecuting attorney and all interested parties; or
(ii) Return the petition for remission or
mitigation of forfeiture to the petitioner with a letter setting forth the
underlying reasons why the petition was not accepted;
(C) In matters where the attorney general
determines that the petition complies with the applicable filing requirements,
the attorney general shall file a notice of receipt of petition for remission
or mitigation of forfeiture and shall send a copy of both the notice of receipt
and the filed petition to the prosecuting attorney and the petitioner;
and
(D) In matters where the
petitioner has not previously been served with the initial petition for
administrative forfeiture, the prosecuting attorney shall then serve petitioner
with a copy of the petition for administrative forfeiture as soon as
practicable and report service efforts in accordance with section 5-51-25
herein;
(4) When a party
claiming an interest in the subject property submits a claim and cost bond or a
claim and in forma pauperis bond, the following procedures shall apply:
(A) Within thirty days of receipt of the
claim and cost bond or the claim and in forma pauperis bond, the attorney
general shall review the claim and cost bond or the claim and in forma pauperis
bond and determine if it complies with the filing requirements set forth in
chapter
712A, Hawaii Revised Statutes, and
these rules;
(B) In matters where
the attorney general determines that the claim and cost bond or the claim and
in forma pauperis bond fails to comply with the applicable filing requirements,
the attorney general shall return the claim and cost bond or the claim and in
forma pauperis bond to the claimant with a letter setting forth the underlying
reasons why the claim and cost bond or the claim and in forma pauperis was not
accepted;
(C) In matters where the
attorney general determines that the claim and cost bond or the claim and in
forma pauperis bond comply with the applicable filing requirements, the
attorney general shall file a notice of receipt of claim and cost bond or claim
and in forma pauperis bond, and shall send a copy of the notice of receipt and
the filed claim and cost bond or claim and in forma pauperis bond to the
prosecuting attorney and the claimant; and
(D) In matters where the claimant has not
previously been served with the initial petition for administrative forfeiture,
the prosecuting attorney shall then serve claimant with a copy of the petition
for administrative forfeiture as soon as practicable and report service efforts
in accordance with section 5-51-25 herein;
(5) Within thirty days after the filing of
the notice of receipt of either the petition for remission or mitigation of
forfeiture; the claim and cost bond; or claim and in forma pauperis bond, the
prosecuting attorney may file its opposition to such with the attorney general;
and
(6) There shall be no appeal
from the attorney general's decision or order pursuant to section
712A-10(ll).
