[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.96]

[Page 161-162]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316--ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES--Table of Contents
 
    Subpart F--Expedited Forfeiture Proceedings for Certain Property
 
Sec. 1316.96  Ruling on a petition for expedited release of a conveyance in a judicial forfeiture action.

    (a) Upon receipt of a petition for expedited release filed pursuant 
to Sec. 1316.95, the United States Attorney shall rule on the petition 
within 20

[[Page 162]]

days of receipt. A petition shall be deemed filed on the date it is 
received by the United States Attorney.
    (b) If the United States Attorney does not rule on the petition for 
expedited release within 20 days after the date on which it is filed, 
the conveyance shall be returned to the owner or interested party 
pending further forfeiture proceedings, except where it is evidence of a 
violation of law. Release of conveyance under provisions of this 
paragraph shall not affect the forfeiture action with respect to that 
conveyance.
    (c) Upon a favorable ruling on the petition for expedited release, 
the United States Attorney shall, where necessary, move to terminate the 
judicial proceedings against the conveyance and immediately direct the 
return of the conveyance except where it is evidence of a violation of 
law.
    (d) If, within 20 days, the United States Attorney denies the 
petition for expedited release, the government shall retain possession 
of the conveyance until the owner provides a substitute res bond 
pursuant to Sec. 1316.98 or the forfeiture is finalized.