2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 4 - Food, Drugs, and Cosmetics
Chapter 64 - Alcohol and Drug Abuse
Subchapter 3 - Arkansas Drug Abuse Control Act
§ 20-64-308. Seizure and forfeiture of contraband — Hearing and disposition
(a)
(1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized.
(2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice.
(3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary’s office in Little Rock.
(4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken.
(5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented.
(6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary’s order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law.
(7) An appeal from the judgment of the circuit court may be taken to the Supreme Court.
(b)
(1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years.
(2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law.
