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PARRIS N. GLENDENING, Governor
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Ch. 536
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4. (IV) A MISTAKE IN THE AMOUNT OF ARREARAGE DUE; OR
(V) ANY OTHER GOOD CAUSE.
(II) IF AN ACCOUNT SEIZED AND ATTACHED BY THE FINANCIAL
INSTITUTION IS A JOINT ACCOUNT, THERE IS A PRESUMPTION THAT THE CONTENTS
BELONG TO THE OBLIGOR UNLESS REBUTTED BY CLEAR AND CONVINCING
EVIDENCE.
(3) THE ADMINISTRATION SHALL RELEASE OR REDUCE THE AMOUNT
SEIZED AND ATTACHED BY THE FINANCIAL INSTITUTION IF THE ACCOUNT IS
EXEMPT UNDER § 11-504 OR § 11-603 OF THE COURTS ARTICLE OR FOR ANY OTHER
GOOD CAUSE.
(3) (4) THE ADMINISTRATION SHALL SEND A NOTICE TO THE
FINANCIAL INSTITUTION, IN THE MANNER SPECIFIED IN SUBSECTION (B) OF THIS
SECTION, DIRECTING THE FINANCIAL INSTITUTION TO RELEASE THE AMOUNT
SEIZED AND ATTACHED BY THE FINANCIAL INSTITUTION IF THE ADMINISTRATION
DETERMINES THAT A MISTAKE OF FACT HAS OCCURRED, THE ACCOUNT IS EXEMPT
UNDER § 11-504 OR § 11-603 OF THE COURTS ARTICLE, OR OTHER GOOD CAUSE
EXISTS.
(4) (5) THE ADMINISTRATION SHALL SEND A NOTICE TO THE
FINANCIAL INSTITUTION, IN THE MANNER SPECIFIED IN SUBSECTION (B) OF THIS
SECTION, DIRECTING THE FINANCIAL INSTITUTION TO REDUCE THE AMOUNT
SEIZED AND ATTACHED TO THE REVISED AMOUNT STATED AND TO RELEASE THE
EXCESS AMOUNT IF THE ADMINISTRATION DETERMINES THAT:
(I) THE AMOUNT OWED BY THE OBLIGOR IS LESS THAN THE
AMOUNT ORIGINALLY INDICATED ON THE NOTICE UNDER SUBSECTION (B) OF THIS
SECTION; OR
(II) THE OBLIGOR DOES NOT HAVE AN OWNERSHIP INTEREST IN
ONE OR MORE OF THE ACCOUNTS SEIZED AND ATTACHED OR A PORTION THEREOF;
OR
(III) THE ACCOUNT OR A PORTION OF THE ACCOUNT IS EXEMPT
UNDER § 11-504 OR § 11-603 OF THE COURTS ARTICLE OR OTHER GOOD CAUSE EXISTS.
(J) (I) (1) THE ADMINISTRATION SHALL SEND BY REGULAR MAIL A
NOTICE OF ITS FINDINGS, INCLUDING A FINDING OF NO MISTAKE OF FACT, TO THE
OBLIGOR AND ANY OTHER CHALLENGING PARTY.
(2) THE NOTICE SHALL INFORM THE OBLIGOR OR THE CHALLENGING
PARTY OF THE RIGHT TO APPEAL THE DECISION OF THE ADMINISTRATION TO THE
OFFICE OF ADMINISTRATIVE HEARINGS OR TO THE CIRCUIT COURT:
(K) (J) IF NO TIMELY APPEAL IS FILED, THE ADMINISTRATION SHALL SEND
A NOTICE TO THE FINANCIAL INSTITUTION, IN THE MANNER SPECIFIED IN
SUBSECTION (B) OF THIS SECTION, DIRECTING THE FINANCIAL INSTITUTION TO
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- 4045 -
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