WILLIAM DONALD SCHAEFER, Governor Ch. 285

vehicle has determined from the records of the Motor Vehicle
Administration the names and addresses of all registered owners
and secured parties as defined in the Code, has personally
reviewed the facts and circumstances of the seizure and has
personally determined, according to the above guidelines, that
forfeiture is warranted and so represents in writing to the
appropriate [State's Attorney] FORFEITING AUTHORITY.

[(g)] (J) If the [State's Attorney] FORFEITING AUTHORITY
determines independent of the decision of the police department,
bureau, or force that seized the motor vehicle that the motor
vehicle falls within the purview of [subsection (f)(2)(i), (ii)
or (iii)] SUBSECTION (I)(2) OF THIS SECTION or that the standards
to be utilized pursuant to [subsection (f)(1)] SUBSECTION (I)(1)
OF THIS SECTION were not met, the [State's Attorney] FORFEITING
AUTHORITY shall surrender the vehicle upon request to the owner.

[(h) (1) If the State's Attorney determines after the
recommendation of the chief law enforcement officer of the police
department, bureau, or force that seized the motor vehicle that
the motor vehicle should be forfeited to the State, the State's
Attorney, within 45 days after the seizure of the motor vehicle,
shall:

(i) Petition in the circuit court of the
appropriate subdivision in the name of the State of Maryland
against the motor vehicle as designated by make, model, year, and
motor or serial number; and

(ii) At the same time send copies of the

petition by registered or certified mail to each registered owner

and any secured party noted among the records of the Motor
Vehicle Administration.

(2) The petition for forfeiture shall contain:

(i) The names of the registered owners of the
motor vehicle;

(ii) The name of a any secured party whose
interest appears among the records of the Motor Vehicle
Administration;

(iii) A statement of the facts and

circumstances surrounding the seizure of the motor vehicle;

(iv) A statement setting forth the specific
causes or grounds for forfeiture or both;

(v) A statement setting forth any contention
that any registered owner or secured party knew or should have
known that the motor vehicle was being or was to be used in
violation of this subtitle;

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