§28-419.5 Combined Hearings

The department may choose to have the underlying violation adjudicated before the office of administrative trials and hearings in accordance with sections 28-419.5.1 through 28-419.5.3.

Upon notice to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing on the underlying violation with the hearing for the return of the seized property. At such combined hearing the OATH judge shall make a determination as to both and may impose any penalty that could be imposed in a proceeding before the environmental control board for the underlying violation. The OATH judge shall issue a determination within five business days after the conclusion of the hearing.

If the OATH judge finds that the vehicle and/or tools were not used in connection with unlicensed or unregistered activity, the department shall promptly release such vehicle and/or tools.

If the OATH judge finds that the vehicle and/or tools were used in connection with unlicensed or unregistered activity, the department may release such vehicle and/or tools upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within twenty business days after the date of the judge's determination.