Section 6-A806. CLAIMS FOR PROPERTY IN POLICE CUSTODY PURSUANT TO THE D.C. UNIFORM CONTROLLED SUBSTANCES ACT, D.C. OFFICIAL CODE § 48-901.02 (2001), ET SEQ.

 

806.1In order to be timely, a claim and appropriate bond (or an application for a waiver or a reduction of the bond), relating to property in police possession pursuant to the District of Columbia Controlled Substances Act of 1981, D.C. Official Code § 48-901.02 (2001) et seq., must be received by the Property Clerk within thirty (30) days of the date the return receipt is signed by the claimant or the claimant's agent.

 

806.2Where no claimant is known or in the exercise of reasonable care should be known to the Property Clerk, or where the notice to a claimant is returned as undeliverable, a claim shall be considered timely if the claim and a bond (or an application for a waiver or a reduction of the bond) are received by the Property Clerk within thirty (30) days of the date of the publication of the second notice under § 805.3(a).

 

806.3The bond that a claimant is required to file in connection with the submission of a claim shall be in the amount of two thousand five hundred dollars ($2,500) or tenpercent (10%) of the fair market value of the claimed property, whichever is lower, but shall not be less than two hundred fifty dollars ($250). The Property Clerk shall determine the fair market value of the property, but in doing so shall consider any verifiable and reasonable evidence of fair market value the claimant may present.

 

806.4The bond shall be with a surety acceptable to the Property Clerk, and shall be conditioned that, in case of forfeiture of the claimed property, the surety shall pay all the costs and expenses of the forfeiture proceedings, up to the limit of the bond.

 

806.5An unsuccessful claimant shall be liable for all costs and expenses of the forfeiture proceedings not covered by the bond.

 

806.6In determining whether a claimant is financially unable to give any bond or to give a bond in the required amount, the Property Clerk may require a claimant to submit documentary evidence of such inability, including copies of a claimant's Federal and District of Columbia tax returns for the previous three (3) years.

 

806.7Upon a proper showing of a claimant's financial inability to give any bond or to give a bond in the required amount, the Property Clerk shall waive or reduce the bond, as appropriate.

 

source

Final Rulemaking published at 38 DCR 1227 (February 22, 1991).