N.J. Admin. Code § 13:2-31.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-31.2 - Procedures; return of property seized

(a) Prior to final determination by the Director, claims for the return of property seized under N.J.S.A. 33:1-66 or 33:2-3 may be made to the Director by payment in cash, under protest, of the retail value of the seized property, or by the posting of a proper bond with sureties satisfactory to the Director in a sum double the retail value of the property. In lieu of such cash bond or surety bond, a claimant may institute an action for replevin against the Director in any court of competent jurisdiction according to the forms and procedure, including the delivery of a bond, of such court; such action to be commenced within 30 days from the seizure of such property and not thereafter. The Director may, in the exercise of sound discretion, refuse to entertain any such claim for the posting of a bond to obtain return of the property seized made more than 30 days from the date of the final order of forfeiture.

(b) The Director's appraisal of the retail value of seized property, upon claim for its return, shall be controlling.

(c) A person making payment in cash, or the posting of a proper bond, under protest, may either institute suit to recover such payment in a court of competent jurisdiction under the provisions of N.J.S.A. 33:1-66 or elect, by written stipulation satisfactory to the Director, to have the matter heard as a contested case and to have the Director decide whether the claim shall be recognized or denied, and whether such cash or bond should be forfeited or returned.

N.J. Admin. Code § 13:2-31.2

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c).
Stylistic revisions.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 New Jersey Register 2051(a), 27 New Jersey Register 3177(a).
Stylistic changes.