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26-239 - Department of the Attorney General
CONTACT PERSON: N. Paul Gauvreau, Deputy Attorney General, Department of the Attorney General, 6 State House Station, Augusta, ME 04333-0006. Phone 207/626-8800.
EMERGENCY RULES: There have been no emergency rules adopted since the previous regulatory rule date.
CHAPTER 2: Forfeiture Rules
The Department of the Attorney General expects to promulgate Rules regulating the forfeiture of property.
STATUTORY AUTHORITY: These Rules are authorized by 15 MRSA §5821 et seq. These Rules make uniform throughout the State the procedures and standards for the initiation and settlement of forfeiture actions and for the distribution of the proceeds of forfeiture actions. The Rules are adopted pursuant to 15 MRSA §5822(7).
DESCRIPTION: We anticipate promulgating Rules to improve the forfeiture process of assets that the State is satisfied have been "useful in facilitating, perpetrating, or rewarding unlawful drug activity." (Rule I(C) f the forfeiture rules). Presently, when property is forfeited and transferred to a municipality, the forfeiture cannot be completed nor the case closed until the legislative body of the municipality accepts the property. There is frequently a significant period of time that elapses before a forfeiture is completed because many municipal legislative bodies do not meet frequently. The rule changes will provide municipalities the alternative of either the legislative body accepting the forfeiture property or "its authorized agent". The Rules will also reflect a similar addition to the provision that requires the signature of the Governor for acceptance of forfeited property by a State agency. The Rules will provide for the Governor's signature or his/her "authorized agent". The Rules will reflect other changes that will streamline the forfeiture acceptance process. The Rules will also provide for the disposition for forfeited firearms.
ANTICIPATED SCHEDULE: We expect to promulgate these Rules proper to September, 1998.
AFFECTED PARTIES: If is anticipated that these Rules will affect the municipalities who are accepting the forfeited property.
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