# Ark. Code Ann. § 20-64-308: Seizure and forfeiture of contraband - Hearing and disposition > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-308 ## Section - **Citation:** Ark. Code Ann. § 20-64-308 - **Heading:** Seizure and forfeiture of contraband - Hearing and disposition - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-308 ## Text (a) (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court. (b) (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law. Amended by Act 2019, No. 910,§ 5099, eff. 7/1/2019. Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105. (a) (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court. (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307 , the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a notice containing a list of the articles, equipment, drugs, or other things seized, the name or names of the person or persons, if known, from whom taken, and the place where seized. (2) The notice shall advise that the article, drug, or other thing seized and forfeited will be destroyed or sold by the secretary at the expiration of thirty (30) days from the date of publication of the notice. (3) Any person claiming any interest in the article, equipment, drug, or other thing may, at any time within the thirty (30) days after the publication of the notice, petition the secretary for a hearing to be held in the secretary's office in Little Rock. (4) The secretary shall set a date for the hearing not later than ten (10) days after receiving the written request at which time witnesses shall be sworn and evidence shall be taken. (5) Within fifteen (15) days after such hearing, the secretary shall enter his or her written findings of fact and order upon the testimony so presented. (6) The findings of fact and order of the secretary may be appealed to the Pulaski County Circuit Court by lodging with the court within fifteen (15) days after the secretary's order has been entered a transcript of record of the hearing held before the secretary. The circuit court shall hear no new evidence on such appeal and shall render its judgment only on errors of law. (7) An appeal from the judgment of the circuit court may be taken to the Supreme Court. (b) (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law. (1) If the secretary receives no written petition for a hearing within thirty (30) days from the date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. he date of the publication of notice as provided in this section, the secretary shall, in his or her discretion, proceed to take bids on the article, equipment, drug, or other things seized and forfeited under § 20-64-307 and shall sell them to the highest bidder, or he or she may destroy the articles, equipment, drugs, or other things and shall preserve a written record thereof for two (2) years. (2) The proceeds for the sale of the articles, drugs, or other things shall be deposited with the Treasurer of State as nonrevenue receipts for credit to the State Apportionment Fund as general revenues to be distributed for the respective purposes as provided by law. Amended by Act 2019, No. 910,§ 5099, eff. 7/1/2019. Acts 1967, No. 492, § 5; A.S.A. 1947, § 82-2105. ## Nearby sections - [Ark. Code Ann. § 20-64-301 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-301.md) - [Ark. Code Ann. § 20-64-302 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-302.md) - [Ark. Code Ann. § 20-64-303 Minor violations of subchapter](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-303.md) - [Ark. Code Ann. § 20-64-304 Penalties](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-304.md) - [Ark. Code Ann. § 20-64-305 Duty of prosecuting attorneys](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-305.md) - [Ark. Code Ann. § 20-64-306 Prohibited acts](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-306.md) - [Ark. Code Ann. § 20-64-307 Seizure and forfeiture of contraband - Generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-307.md) - [Ark. Code Ann. § 20-64-308 Seizure and forfeiture of contraband - Hearing and disposition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-308.md) - [Ark. Code Ann. § 20-64-309 Depressant and stimulant drugs - Manufacturing, compounding, or processing prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-309.md) - [Ark. Code Ann. § 20-64-310 Depressant and stimulant drugs - Sale, delivery, or disposal prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-310.md) - [Ark. Code Ann. § 20-64-311 Depressant and stimulant drugs - Possession prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-311.md) - [Ark. Code Ann. § 20-64-312 Depressant and stimulant drugs - Falsely obtaining or attempting to obtain prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-312.md) - [Ark. Code Ann. § 20-64-313 Depressant and stimulant drugs - Records by certain persons required](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-313.md) - [Ark. Code Ann. § 20-64-314 Depressant and stimulant drugs - Limitations on filling of prescriptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-308. Check the current official text before relying on it. Not legal advice.