§444-23.5  Forfeiture of property for
unlicensed activity.  (a)  If an investigator finds that a person has acted
in the capacity of, or engaged in the business of a contractor within this
State without having a current license as required by this chapter to so act or
engage, and the person is or was a defendant or respondent in a separate
citation or lawsuit filed with or by the department, the investigator may issue
a notice of forfeiture of property used by the person in the unlicensed
activity, and the property that is the subject of the notice of forfeiture
shall be turned over to the department for disposition in accordance with this
chapter.



(b)  Each notice of forfeiture shall be in
writing and shall describe the tools, implements, documents, materials, or any
other property used by any person in unlicensed activity that violates section
444-9.



(c)  The department shall make good faith
efforts to locate and notify within a reasonable period of time all owners or
interest-holders of property subject to a notice of forfeiture.



(d)  Service of a notice of forfeiture issued
under this section shall be made:



(1)  If the name and current address of the unlicensed
person, owner, or interest-holder is known:



(A)  By personal service; or



(B)  By mailing a copy of the notice to the
unlicensed person, owner, or interest-holder by certified mail to the last
address on record with a state agency; or



(2)  If the address of the unlicensed person, owner,
or interest-holder is not known or is not on record with a state agency, by
public notice once as provided in section 1-28.5.



(e)  An unlicensed person served with a notice
of forfeiture under this section may submit a written request to the director
for a hearing:



(1)  Within twenty days of receipt of the notice of
forfeiture, if the person is served personally or by mail; or



(2)  Within twenty days of public notice of
forfeiture.



If a request for a hearing is not timely filed with
the director, the notice of forfeiture shall be deemed a final order of the
director.



(f)  An owner or interest-holder served with a
notice of forfeiture, other than the unlicensed person, may file a petition for
remission of forfeiture with the department within twenty days of service by
personal service or mail, or within twenty days of the date of public notice,
if service is by public notice.  The petition shall be signed by the petitioner
and sworn on oath before a notary public and shall contain the following:



(1)  A reasonably complete description of the property
subject to forfeiture; and



(2)  A statement of the interest of the petitioner in
the property subject to forfeiture, with supporting documentary evidence.



If a petition for remission of forfeiture is not
timely filed with the director, the notice of forfeiture shall be deemed a
final order of the director.



(g)  The department shall review the petition
for remission of forfeiture and, if remission is warranted, return the property
subject to forfeiture to the petitioner within thirty days of receipt of the
petition.  If the department determines that remission is not warranted, the
department shall issue a written decision to the petitioner within thirty days
of receipt of the petition.



(h)  A petitioner whose petition for remission
has been denied may file with the director a written request for a hearing as
provided under subsections (i) and (j).  The written request shall be filed
within twenty days of receipt of the written decision denying the petition for
remission.  If a request for hearing is not timely filed with the director, the
notice of forfeiture shall be deemed a final order of the director.



(i)  Hearings shall be subject to chapter 91
and shall be conducted by the director or a hearings officer designated by the
director.  The director or designated hearings officer may issue subpoenas,
administer oaths, hear testimony, find facts, make conclusions of law, and
issue a final order of forfeiture.  The department shall have the burden to
show by clear and convincing evidence that the property is subject to forfeiture. 
In determining whether the property is subject to forfeiture, the director or
hearings officer shall consider evidence of ownership, the description of the
property, and any other relevant evidence.



(j)  Any person aggrieved by the decision of
the director or designated hearings officer may appeal the decision in the
manner provided in chapter 91, to the circuit court of the circuit in which:



(1)  The person resides;



(2)  The person's principal place of business is
located; or



(3)  The activity in question occurred.



(k)  The director may file an action in the
circuit court for a judgment to enforce any final order issued by the director
or designated hearings officer pursuant to this section.  A judgment enforcing
the final order shall issue upon a showing by the director either that notice
was given and a hearing was held, or, that the time granted for requesting a
hearing has run without the timely filing of a request.



(l)  The department may dispose of all property
forfeited in accordance with this chapter by:



(1)  Transferring property to any local or state
government entity, municipality, or law enforcement agency within the State;



(2)  Selling property to the public by public sale; or



(3)  Using any other means of disposition authorized
by law.



(m)  All proceeds of a forfeiture action
conducted pursuant to this section, after payment of expenses of administration
and sale, shall be deposited in the compliance resolution fund established
under section 26-9(o).  Moneys in the fund shall be appropriated for the
payment of any expenses necessary to seize, detain, appraise, inventory,
safeguard, maintain, advertise, or sell property seized, detained, or forfeited
pursuant to this section or any other necessary expenses incident to the
seizure, detention, or forfeiture of such property.



(n)  Forfeiture under this section shall be
separate from and in addition to all other applicable remedies, either civil or
criminal.  This section shall not apply to the violations set forth in section
444-23(a) and (b).



(o)  The director may adopt rules as necessary
to fully effectuate this section. [L 2000, c 291, §2; am L 2003, c 3, §15]