| | | C.__The court shall order the State to give notice of the | | pendency of the action and the right to be heard by | | certified or registered mail or hand delivered by a deputy | | sheriff to any person who appears to have an interest in the | | illegal gambling machine and any monetary contents.__Receipt | | of notice by a person then licensed to operate a motor | | vehicle in the State is presumed when notice is mailed to | | the last known address of that person on file with the | | Department of the Secretary of State, Bureau of Motor | | Vehicles. |
|
| | | D.__The court shall promptly, but not less than 2 weeks | | after notice, hold a hearing on the petition after an answer | | is filed by a person served with notice under paragraph C.__ | | At the hearing, the court shall hear evidence and make | | findings of fact and enter conclusions of law. |
|
| | | E.__Based on the findings and conclusions, the court shall | | issue a final order, from which the parties have a right of | | appeal.__The final order must provide for disposition of the | | illegal gambling machine__and any monetary contents by the | | State.__Any revenue generated by the disposition of the | | illegal gambling machine and any monetary contents of the | | machine must be used to pay the reasonable expenses of the | | forfeiture proceedings, seizure, storage, maintenance of | | custody, advertising and notice.__The balance, if any, must | | be deposited in the General Fund. |
|
| | | 4.__Any law enforcement officer, department or agency having | | custody of an illegal gambling machine or any monetary contents | | of an illegal gambling machine, or having disposed of the illegal | | gambling machine or any monetary contents shall keep and maintain | | during the pendency of the action full and complete records in | | accordance with this subsection.__Upon issuance by the court of a | | final order ordering the disposition, destruction or return of | | the illegal gambling machine or the monetary contents, the | | officer, department or agency shall transmit a copy of those | | records to the Department of Public Safety for inclusion in a | | centralized record. |
|
| | | A.__The records must show: |
|
| | | (1)__From whom the illegal gambling machine and any | | monetary contents were received; |
|
| | | (2)__Under what authority the illegal gambling machine | | and any monetary contents are held, received or | | disposed of; |
|
|