W. Va. Code R. § 112-5-12

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 112-5-12 - Disposition/Reporting of Property Held by Law Enforcement Agencies

12.1. Stolen property, as defined in W. Va. Code § 36-8A-1 (e) and (g), includes only those items that would not afterward be subject to W. Va. Code § 62-1A-1, et seq.

12.1.1. A law enforcement agency shall check all unclaimed property subject to W. Va. Code § 36-8A-1 seq., with any distinguishable serial numbers or other verifiable identification through the NCIC system prior to delivery of the property to the administrator. The administrator shall immediately return any unclaimed property not cleared through NCIC to the submitting law enforcement agency.

12.1.2. A law enforcement agency failing to clear stolen property through NCIC as required by this rule is responsible and liable for any damages or injuries caused by the failure to clear the property.

12.2. A law enforcement agency shall tender its report of unclaimed stolen property to the administrator any time after the six (6) month period prescribed in W. Va. Code § 36-8A-1(g)(1). The administrator shall prescribe the report form.

12.3. A law enforcement agency or other holder shall not deliver a controlled substance to the administrator.

12.4. Within thirty (30) days of the receipt of an unclaimed stolen property report, the administrator shall send a written response to the law enforcement agency submitting the report, either authorizing the requested disposition of each item or requiring the items to be delivered to the administrator, unless impracticable.

12.5. The administrator may, and shall in the case of firearms and ammunition, authorize disposal of any item prior to delivery to the administrator, if he or she considers the probable cost of the delivery and sale will exceed the proceeds of the sale.

12.6. A political subdivision may submit decommissioned firearms and ammunition to the administrator for sale.

W. Va. Code R. § 112-5-12