§ 20-64-308 - Seizure and forfeiture of contraband -- Hearing and disposition. - Arkansas Statutes

20-64-308. Seizure and forfeiture of contraband -- Hearing and disposition.

(a) When an article, drug, or other thing is seized and forfeited under the provisions of 20-64-307, the Director of the Department of Health or his authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.

(1) The notice shall advise that the article, drug or other thing seized and forfeited will be destroyed or sold by the Director of the Department of Health at the expiration of thirty (30) days from the date of publication of the notice.

(2) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the Director of the Department of Health for a hearing to be held in the Director of the Department of Health's office in Little Rock.

(3) The Director of the Department of Health shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.

(4) Within fifteen (15) days after such hearing, the Director of the Department of Health shall enter his written findings of fact and order upon the testimony so presented.

(5) The findings of fact and order of the Director of the Department of Health may be appealed to the Circuit Court of Pulaski County, Arkansas, by lodging with the court within fifteen (15) days after the Director of the Department of Health's order has been entered a transcript of record of the hearing held before the Director of the Department of Health. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.

(6) An appeal from the judgment of the circuit court may be taken to the Supreme Court of Arkansas.

(b) (1) If the Director of the Department of Health receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the Director of the Department of Health shall, in his discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under 20-64-307 and shall sell them to the highest bidder, or he may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years.

(2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.