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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 30. Controlled Substances
- Section 116. Procedure For Forfeiture Action.
previous: Section 114
. Seizure and Custody of Property.
next: Section 118
. Petition For Release of Seized Items.
AS 17.30.116. Procedure For Forfeiture Action.
- (a) Within 20 days after a seizure under AS 17.30.110
- 17.30.126, the commissioner of public safety shall,
by certified mail, notify any person known to have an interest in an item with an appraised value of $500 or more, or
who is ascertainable from official registration numbers, licenses, or other state, federal, or municipal numbers on the
item, of the pending forfeiture action. Additionally, the commissioner of public safety shall publish notice of
forfeiture action of an item valued at $500 or more in a newspaper of general circulation in the judicial district in
which the seizure was made, or if no newspaper is published in that judicial district, in a newspaper published in the
state and distributed in that judicial district. The notice shall be published once each week during four consecutive
calendar weeks. The requirements of this subsection do not apply to the forfeiture of controlled substances which have
been manufactured, distributed, dispensed, or possessed in violation of this chapter or AS 11.71, regardless of their value.
- (b) Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming
interest in the property shall file within 30 days after the service or publication, a notice of claim setting out the
nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If
a claim and answer is not filed within the time specified, the property described in the state's allegation must be
ordered forfeited to the state without further proceedings or showings.
- (c) Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under
this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until
conclusion of any pending criminal charges against the claimant under this chapter or AS 11.71.
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