| B. The proceeding under paragraph A is an in rem civil | action, in which the State has the burden of proving all | material facts by a preponderance of the evidence. |
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| C. A 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 through hand delivery by a | deputy sheriff to any person who appears to have an interest | in the illegal gambling machine and, any monetary contents | and any associated proceeds. Receipt 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. |
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| D. A 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. |
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| 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 and any | associated proceeds by the State. Any revenue generated by | the disposition of the illegal gambling machine and, any | monetary contents of the machine and any associated proceeds | 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. |
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| | 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 any associated proceeds or | having disposed of the illegal gambling machine or, any monetary | contents or any associated proceeds 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, any monetary contents or any | associated proceeds, the officer, department or agency must | transmit a copy of those records to the Department of Public | Safety for inclusion into a centralized record. |
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| A. The records must show: |
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