1. A. Property subject to forfeiture and disposal under the Act and the Criminal Code may be seized by an agent of the board upon an order issued by the district court having jurisdiction or as otherwise provided in this rule.

2. B. Seizure without such an order may be made if:

   (1) the property is seized from a person who has made application for a license under the Act or is already licensed by the board;

   (2) the seizure is incident to an arrest or search warrant;

   (3) the property subject to seizure has been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding based upon the Act or Criminal Code;

   (4) the agent has probable cause to believe that the property is directly or indirectly dangerous to public health or safety; or

   (5) the agent has probable cause to believe that the property was used or is intended to be used in violation of the Act.

3. C. Forfeiture proceedings must commence within 30 days of the seizure.
4. D. The board may initiate forfeiture proceedings in its own name when the property is seized under the Act. In the case of property seized under the Criminal Code, the board may notify the District Attorney of the relevant district of the seizure. In the event the District Attorney fails or declines to initiate forfeiture proceedings, the board may seek the assistance of the Attorney General to initiate such proceedings.

5. E. Property taken or detained is deemed to be in the custody of the law enforcement agency seizing it, subject only to the orders and decrees of the district court. When property is seized, the board’s agents may:

   (1) place the property under seal;

   (2) remove the property to a place designated by the board;

   (3) remove the property to an appropriate location for disposition in accordance with the law; or

   (4) take other action as directed by the board in accordance with the law or this title.

   HISTORY OF 15.1.22 NMAC: [RESERVED]

[15.1.22.9 NMAC– N, 3/15/99; A, 3/31/00]