Ch. 659

LAWS OF MARYLAND

NEARER OF THE COMMON CARRIER'S HOME TERMINAL OR THE PLACE OF
SEIZURE.

(D)  (1) WITHIN 48 HOURS OF A SEIZURE OF A CONVEYANCE, NOT
INCLUDING WEEKENDS AND HOLIDAYS, THE COMPTROLLER SHALL GIVE
NOTICE OF THE SEIZURE TO BOTH THE OWNER OF THE CONTRABAND
PETROLEUM PRODUCT AND, TO THE REGISTERED OWNER OF THE SEIZED
CONVEYANCE, AND TO ANY SECURED PARTY NOTED AMONG THE RECORDS OF
THE MOTOR VEHICLE ADMINISTRATION.                                                          

(2) THE NOTICE SHALL STATE THE RIGHT OF THE OWNER OR
OTHER INTERESTED PERSON, INCLUDING A SECURED PARTY OF RECORD, TO
FILE A CLAIM FOR THE RETURN OF THE CONTRABAND PETROLEUM PRODUCT
OR THE SEIZED CONVEYANCE.

(E)  THE OWNER OR ANOTHER PERSON WITH AN INTEREST, INCLUDING
A SECURED PARTY OF RECORD, IN SEIZED PROPERTY, INCLUDING ANY
CONTRABAND PRODUCT OR CONVEYANCE, MAY FILE A CLAIM WITH THE
COMPTROLLER FOR THE RETURN OF THE PROPERTY ON OR BEFORE 30 DAYS
FROM THE DATE THAT THE PROPERTY IS SEIZED.

(F)  (1) IF A PERSON FILES WITH THE COMPTROLLER A CLAIM FOR
RETURN OF THE PROPERTY, THE COMPTROLLER SHALL:

(I)  PROVIDE AN OPPORTUNITY FOR A HEARING; AND

(II)  IF REQUESTED BY THE CLAIMANT, CONDUCT THE
HEARING NO LATER THAN 5 WORKING DAYS FROM THE DATE OF RECEIPT OF
THE CLAIM; AND

(II) (III) FOLLOWING A HEARING, IF ANY, MAKE A
FINAL DETERMINATION OF WHETHER THE PROPERTY SHOULD BY BE
FORFEITED.

(2) (I) THE FINAL DETERMINATION SHALL BE MADE BY THE
COMPTROLLER NO LATER THAN 2 WORKING DAYS FROM THE DATE OF THE
CONCLUSION OF THE HEARING; AND

(2) (II) ON THE DATE THE FINAL DETERMINATION IS
RENDERED, THE COMPTROLLER SHALL MAIL THE PERSON , BY CERTIFIED
MAIL, A NOTICE OF THE COMPTROLLER'S FINAL DETERMINATION.

(3)  A PERSON AGGRIEVED BY THE FINAL DETERMINATION OF
THE COMPTROLLER MAY APPEAL TO THE APPROPRIATE CIRCUIT COURT
PURSUANT TO TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(G)  IF EITHER THE COMPTROLLER OR, ON APPEAL, A COURT SHALL
DETERMINE THAT:

(1) THE SEIZED PETROLEUM PRODUCTS ARE NOT SUBJECT TO
FORFEITURE, THE COMPTROLLER IS NOT REQUIRED TO RETURN THE
PETROLEUM PRODUCTS SEIZED TO THE OWNER OR OTHER INTERESTED PERSON
WHO FILED THE CLAIM FOR RETURN OF THE PROPERTY, BUT MAY, AT THE

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