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<br />Based upon the above findings, the findings in Administrative Order 56-06-02, and the <br />authority of EC 2.019 and 4.989(8), I hereby adopt Used Merchandise Dealer Administrative <br />Rule R-4.989 to provide: <br /> <br />USED MERCHANDISE DEALER <br />ADMINISTRATIVE RULE R-4.989 <br /> <br />R-4.989-A <br /> <br />Reportin2 Form. <br /> <br />1. Reports required under EC 4.989(3) shall be submitted via the City's electronic <br />reporting system. The electronic reporting system shall provide an electronic reporting form that <br />contains the information required in Exhibit A. <br /> <br />2. Under the circumstances provided for in EC 4.989(3)(c), when electronic <br />reporting is unavailable, used merchandise dealers shall manually record all purchases of <br />regulated property on paper forms containing the information required in Exhibit A. <br /> <br />3. As provided in EC 4.989(3)(b), only forms completed fully and accurately with <br />the information required in Exhibit A shall be deemed to comply with the reporting requirements <br />of EC 4.989(3). Failure to fully and accurately complete a reporting form shall constitute a <br />violation as set out in EC 4.989(10). <br /> <br />R-4.989-B <br /> <br />Contestin2 Release of Seized Property. <br /> <br />1. Property seized by the City from a used merchandise dealer shall be released as <br />directed by a court with jurisdiction over the property. If no court has jurisdiction over the <br />property, the City may release seized property to a person the City reasonably believes is the <br />owner of the property after a notice of the City's intent to release the property is sent to the used <br />merchandise dealer from whom the property was seized and after the time to appeal such release <br />under EC 2.021 has run. <br /> <br />2. Whenever a used merchandise dealer receives a notice from the City that property <br />seized from the used merchandise dealer will be released to a person identified by the City as the <br />owner of the property, the used merchandise dealer may appeal the release in the manner set <br />forth :in EC 2.021. The used merchandise dealer shall bear the burden of showing that the used <br />merchandise dealer is entitled to the property, and the hearings officer's review shall be limited <br />solely to whether the used merchandise dealer has established a property right in the property <br />that is superior to that of the property owner identified by the City. The determination of the <br />hearings officer shall be final. <br /> <br />Administrative Order - 2 <br />