[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR356.7]

[Page 478-479]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 356--FORFEITURE PROCEDURES--Table of Contents
 
Sec. 356.7  Petition for remission or mitigation of forfeiture.

    (a) Any person who has an interest in any property specified in 
Sec. 356.1 and valued at $10,000 or less, or any person who has incurred 
or is alleged to have incurred a forfeiture of any such property, may 
file with the Deputy Administrator a petition for remission or 
mitigation of forfeiture while the property is in the custody of the 
Deputy Administrator.
    (b) A petition filed with the Deputy Administrator need not be in 
any particular form, but must contain the following:
    (1) A description of the property:
    (2) The time, date, and place of seizure;
    (3) Evidence of the petitioner's interest in the property such as 
contracts, bills of sale, invoices, security interests, certificates of 
title; and
    (4) A statement of all facts and circumstances relied upon by the 
petitioners to justify remission or mitigation of the forfeiture.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a business, the 
petition must be signed by a partner, officer, or petitioner's attorney 
at law.
    (d) Upon receiving the petition, the Deputy Administrator shall 
decide whether or not to grant relief. In making a decision, the Deputy 
Administrator shall consider the information submitted by the 
petitioner, as well as any other available information relating to the 
matter, and may require that testimony be taken concerning the petition.
    (e) If the Deputy Administrator finds that the forfeiture was 
incurred without willful negligence or without any intention on the part 
of the petitioner

[[Page 479]]

to violate the law or finds the existence of such mitigating 
circumstances as to justify remission or mitigation of the forfeiture or 
alleged forfeiture, the Deputy Administrator may remit or mitigate the 
same upon terms and conditions as he deems reasonable and just. However, 
remission or mitigation will not be made if such action would frustrate 
the purposes of the Act or Convention. As an example, this section does 
not allow remission or mitigation with respect to terrestrial plants 
that are without documentation required under 50 CFR chapter I.
    (f) The Deputy Administrator shall notify the petitioner in writing 
concerning whether the petition was granted or denied, and shall state 
the reasons therefor. If the petition is denied fully or in part, the 
petitioner may then file a supplemental petition, but no supplemental 
petition shall be considered unless it is received within 60 days from 
the date of the Deputy Administrator's notification concerning the 
original petition. The Deputy Administrator shall notify the petitioner 
in writing concerning the action taken in response to the supplemental 
petition, and shall state the reasons therefor.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)