§ 12-07 — Determination of Claim

§ 12-07 Determination of Claim.

(a) If no claimant for a forfeited vehicle requests a hearing, the claim(s) shall be decided by the Commissioner on the basis of the written submissions. The Commissioner shall render a final decision determining each claim for a forfeited vehicle. (b) If a hearing is conducted, the hearing officer shall forward to the Commissioner a recommended decision setting forth recommended findings of fact and a recommendation as to each claim. The Commissioner shall issue a final decision determining each claim. (c) Determinations of claim(s) for forfeited vehicles shall set forth: (1) the value of the ownership interest which was adjudicated forfeited ("Forfeited Ownership Interest"); and (2) the name(s) of the claimant(s), if any, who are entitled to redeem the forfeited vehicle. (d) Except as otherwise provided by and subject to the requirements of 16 RCNY § 12-08, a claimant shall be entitled to redeem the forfeited vehicle if the Commissioner finds that the evidence establishes that the claimant did not expressly or implicitly permit the use of the forfeited vehicle for the acts constituting the illegal dumping in violation of § 16-119. In making such determination, the following factors, among other things, may be considered: (1) Whether the claimant knew or should have known that the person whose interest in the vehicle was forfeited had previously been convicted of or found liable for illegal dumping; and (2) What actions were taken by the claimant to ensure that the vehicle was not used for illegal dumping. (e) A copy of the Commissioner's final decision shall be sent to each claimant, together with a notice that the Department will deliver the forfeited vehicle to the claimant(s) who are entitled to redeem the vehicle and who redeem the vehicle in accordance with 16 RCNY § 12-08, or the Department will dispose of the forfeited vehicles in accordance with 16 RCNY § 12-09.