D.C. Mun. Regs. tit. 6, r. 6-A809

Current through Register 71, No. 45, November 7, 2024

Rule 6-A809 - REMISSION OR MITIGATION OF FORFEITURE

809.1

A person who has an interest in property forfeited pursuant to D.C. Official Code § 48-905.02 (2001), may file with the Chief of Police, either before or after the sale or disposition of the forfeited property, a petition for remission or mitigation of the forfeiture.

809.2

A petition for remission or mitigation shall include the following:

(a) A complete description of the property, including motor and serial numbers, if any;

(b) The date and place of the seizure;

(c) The petitioner's interest in the property, which shall be supported by bills of sale, contracts, mortgages, or other satisfactory documentary evidence; and

(d) The facts and circumstances, to be established by satisfactory proof, relied upon by the petitioner to justify remission or mitigation.

809.3

The Chief of Police, with the advice of the Corporation Counsel, shall remit or mitigate forfeiture, upon terms and conditions as the Chief of Police deems reasonable, if the Chief of Police finds:

(a) That the forfeiture was incurred without willful negligence on the part of the petitioner or without any intention on the part of the petitioner to violate the law; or

(b) That mitigating circumstances justify remission or mitigation of the forfeiture.

809.4

Mitigating circumstances that the Chief of Police shall consider pursuant to § 809.3(b) shall include, but not be limited to, the following:

(a) The excusable inability of the petitioner to respond to the notice of seizure or to file a timely claim;

(b) The seasonableness of the filing of the petition for remission or mitigation;

(c) The absence by the petitioner of knowledge of or responsibility for the underlying criminal conduct;

(d) The degree of involvement by the petitioner in the underlying criminal conduct;

(e) The extent of the petitioner's cooperation in the investigation of the underlying criminal conduct;

(f) The seriousness of the charges relative to the value of the property seized; and

(g) The degree of hardship the petitioner or the petitioner's family would suffer if the petition for remission or mitigation were denied.

809.5

The burden of proof that a petition for remission or mitigation should be granted shall rest with the petitioner.

D.C. Mun. Regs. tit. 6, r. 6-A809

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