§ 12-04 Submission of Claims.
RCNY § 12-04
(a)Any person with an ownership interest in a forfeited vehicle must submit a claim to the Department in accordance with this section to preserve such interest. Failure to submit a claim, or failure to submit a claim within the time allowed for such claims, shall constitute an abandonment of the vehicle and any ownership interest which such person may have in the forfeited vehicle.
(b)A claim for the delivery of a forfeited vehicle must be received by the Office of General Counsel of the Department no later than forty-five (45) days after the date of mailing of the Notice of Anticipated Sale.
(c)Each claim must include: (1) A completed financial disclosure statement in a form prescribed by the Department, which shall identify and document the claimant's ownership interest in the vehicle; the ownership interest in the vehicle of the party found guilty of or liable for illegal dumping; and the relationship between the claimant and such party.
(2)A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives or predecessors in interest, permitted or had knowledge of the use of the forfeited vehicle for illegal dumping; (3) A sworn statement indicating whether the claimant, or its officials, employees, agents, or representatives, have ever been convicted of or found liable for illegal dumping.
(4)A statement indicating whether the claimant requests or waives a hearing on the claim.
(d)The Department may require that a claimant submit further information or documentation. The claimant shall respond to such requests within thirty (30) days of the date of mailing of the request.
(e)All statements submitted by a claimant shall be duly sworn and notarized.
(f)Failure or refusal to timely submit any required information or documentation shall cause the claim to be deemed abandoned and withdrawn.
