If the USAO transmits a written response requesting retention pursuant to 9-14.005, the SAC shall consider the cited exception(s) and determine whether the reasons provided in support of the exception(s) are sufficient to justify the continued retention of the evidence. The SAC may grant or deny the request as to one or more items of evidence in a case and not others in that case.

If the SAC grants the USAO’s request to retain evidence, the written decision shall cite the exception(s) provided in 9-14.003 that justify(ies) the decision not to commence the seized evidence disposal process and the continued retention of the evidence.

If the SAC denies the USAO’s request to retain the evidence, the decision shall be in writing and shall explain:

1) that the exception(s) cited by the USAO are not among those described in 9-14.003; or

2) that the USAO has provided summary assertions in support of a valid exception; or

3) that the USAO has provided otherwise insufficient reasons to justify the applicability of a valid exception.

The SAC shall electronically transmit to the USAO the written decision within five days after it is issued.

The seized evidence disposal process shall not commence until fifteen days have elapsed after the SAC has provided the USAO with the decision denying the request.

[added December 2020]