Admin Order 56-06-02-F w/exhibit

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Based upon the above findings, the findings in Administrative Order 56- 06 -02, and the authority of EC 2.019 and 4.989(8), I hereby adopt Used Merchandise Dealer Administrative Rule R -4.989 to provide: USED MERCHANDISE DEALER ADMINISTRATIVE RULE R -4.989 R- 4.989 -A Reporting Form. 1. Reports required under EC 4.989(3) shall be submitted via the City's electronic reporting system. The electronic reporting system shall provide an electronic reporting form that contains the information required in Exhibit A. 2. Under the circumstances provided for in EC 4.989(3)(c), when electronic reporting is unavailable, used merchandise dealers shall manually record all purchases of regulated property on paper forms containing the information required in Exhibit A. 3. As provided in EC 4.989(3)(b), only forms completed fully and accurately with the information required in Exhibit A shall be deemed to comply with the reporting requirements of EC 4.989(3). Failure to fully and accurately complete a reporting form shall constitute a violation as set out in EC 4.989(10). R- 4.989 -13 Contesting Release of Seized Property 1. Property seized by the City from a used merchandise dealer shall be released as directed by a court with jurisdiction over the property. If no court has jurisdiction over the property, the City may release seized property to a person the City reasonably believes is the owner of the property after a notice of the City's intent to release the property is sent to the used merchandise dealer from whom the property was seized and after the time to appeal such release under EC 2.021 has run. 2. Whenever a used merchandise dealer receives a notice from the City that property seized from the used merchandise dealer will be released to a person identified by the City as the owner of the property, the used merchandise dealer may appeal the release in the manner set forth in EC 2.021. The used merchandise dealer shall bear the burden of showing that the used merchandise dealer is entitled to the property, and the hearings officer's review shall be limited solely to whether the used merchandise dealer has established a property right in the property that is superior to that of the property owner identified by the City. The determination of the hearings officer shall be final. Administrative Order - 2