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What is NYC AC § 28-419.3.2?

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This section allows the owner or operator of a seized vehicle or tools to make a written demand for a hearing regarding the return of the property. Notice of the right to a hearing must be provided at the time of seizure, and the hearing is scheduled by the Office of Administrative Trials and Hearings (OATH). Applies to vehicle and tool owners seeking to reclaim seized items.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-419.3.2 Written demand.

AC § 28-419.3.2

The owner or operator of the vehicle and/or tools may make a written demand for a hearing for the return of the seized property. Notice of the right to a hearing shall be provided to the operator at the time of seizure of the vehicle and/or tools, and a copy of such notice shall be sent by mail to the registered and/or title owner of the vehicle, if other than the operator, and to the owner of the tools if other than the owner or operator of the vehicle and if reasonably ascertainable, within five business days of the seizure. The department shall schedule the hearing at the office of administrative trials and hearings (OATH) or its successor agency, as applicable, for a date within ten business days after receipt of the demand and shall notify the operator and the owner(s) of the opportunity to participate in the hearing and the date thereof. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

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