HARRY HUGHES, Governor

1913

IF, AFTER AN ARTICLE HAS BEEN MARKED AS PROVIDED IN
SUBSECTION (B) OF THIS SECTION, THE SECRETARY FINDS THAT
THERE IS NOT A GROUND FOR ACTION AGAINST THE ARTICLE, THE
SECRETARY SHALL REMOVE THE MARKING AND RELEASE THE ARTICLE.

(D) JUDICIAL ACTION.

(1)  THE SECRETARY MAY PROCEED FURTHER AGAINST
ANY ARTICLE AS TO WHICH THERE IS A GROUND FOR ACTION BY
FILING A PETITION FOR AN ORDER WITH THE CIRCUIT COURT FOR
THE COUNTY IN WHICH THE ARTICLE IS LOCATED. THE PETITION
MAY REQUEST ANY RELIEF PERMITTED BY THIS SUBSECTION.

(2)  IF THE COURT FINDS THAT THERE IS A VALID
GROUND FOR ACTION AGAINST THE ARTICLE, THE COURT MAY PROCEED
BY ISSUING AN ORDER:

(I)  OF FORFEITURE FOR DESTRUCTION; OR

(II)  TO HAVE THE ARTICLE DELIVERED TO ITS
CLAIMANT AND HAVE THE VIOLATION CORRECTED BY PROPER LABELING
OR PROCESSING.

(3)  IF THE COURT ISSUES AN ORDER OF FORFEITURE
FOR DESTRUCTION, THE ARTICLE SHALL BE DESTROYED UNDER THE
SUPERVISION OF THE SECRETARY AND THE OWNER SHALL PAY ALL
COURT, STORAGE, AND DESTRUCTION COSTS, AND ANY OTHER COST
THAT IS INCURRED THROUGH THE ENFORCEMENT OF THIS SUBTITLE
AGAINST THE ARTICLE.

(4)  IF THE COURT ISSUES AN ORDER TO HAVE THE
ARTICLE DELIVERED TO ITS CLAIMANT FOR CORRECTION OF THE
VIOLATION, THE ORDER SHALL REQUIRE THAT THE CLAIMANT:

(I)  CORRECT THE VIOLATION UNDER THE
SUPERVISION OF A REPRESENTATIVE OF THE SECRETARY;

(II)  PAY ALL COURT AND STORAGE COSTS, THE
EXPENSE OF SUPERVISION BY THE REPRESENTATIVE OF THE
SECRETARY, AND ANY OTHER COST THAT IS INCURRED THROUGH THE
ENFORCEMENT OF THIS SUBTITLE AGAINST THE ARTICLE; AND

(III)  POST A BOND THAT IS CONDITIONED ON
THE OBLIGATION THAT THE ARTICLE BE LABELED OR PROCESSED
PROPERLY AND THAT THE EXPENSE OF SUPERVISION BY THE
REPRESENTATIVE OF THE SECRETARY BE PAID.

(5)  A BOND THAT IS POSTED UNDER THIS SUBSECTION
SHALL BE DISCHARGED ON A REPRESENTATION TO THE COURT BY THE
SECRETARY THAT THERE NO LONGER IS A GROUND FOR ACTION
AGAINST THE ARTICLE AND THAT THE EXPENSE OF SUPERVISION HAS
BEEN PAID.

REVISOR'S NOTE: This section is new language derived