(a) If a final administrative determination of the case, without regard to the provisions
of this section, is made within 21 days of the seizure, the seizing agency need take
no further action under this section on a petition for expedited release received
pursuant to § 8.19(a).
(b) If no such final administrative determination is made within 21 days of the seizure,
the following procedure shall apply. The seizing agency shall, within 20 days after the receipt of the petition for expedited
release, determine whether the petition filed by the owner has established the factors
listed in § 8.19(c) and:
(1) If the seizing agency determines that those factors have been established, it shall
terminate the administrative proceedings and return the property to the owner (or
in the case of a commercial fishing industry vessel for which a summons has been issued
shall dismiss the summons), except where it is evidence of a violation of law; or
(2) If the seizing agency determines that those factors have not been established, the
agency shall proceed with the administrative forfeiture.
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