---
kind: "section"
citation: "50 C.F.R. § 12.31"
title: "50"
number: "12.31"
heading: "What are the basic types of forfeiture proceedings?"
url: "https://uscodex.org/cfr/50/12.31"
---

# §12.31. What are the basic types of forfeiture proceedings?

- (a) Property seized for violations of the laws identified in [§ 12.2](/cfr/50/12.2.md) and subject to forfeiture may be forfeited, depending upon the nature of the property and the law involved, through criminal forfeiture proceedings, civil judicial procedures, or civil administrative procedures.
- (b) The process used also may be determined in certain circumstances by the actions of an interested party. For example, a person claiming property seized in an administrative civil forfeiture proceeding under a civil forfeiture statute may choose to file a claim after the seizure rather than to pursue administrative relief through a petition for remission of forfeiture.
- (c) A claim that is timely and contains the information required by [§ 12.36](/cfr/50/12.36.md) will terminate the administrative proceeding and will cause the Service, through the Solicitor, to refer the claim to the U.S. Department of Justice with the request that a judicial forfeiture action be instituted in Federal court.

## Notes

### Authority

Authority: 16 U.S.C. 470aa et seq., 470aaa et seq., 668 et seq., 668dd et seq., 703 et seq., 718a et seq., 742j-l, 1361 et seq., 1531 et seq., 2401 et seq., 3371 et seq., 4201 et seq., and 5301 et seq.; 18 U.S.C. 42 and 981 et seq.; 19 U.S.C. 1602-1624; 28 U.S.C. 2465; 42 U.S.C. 1996; and E.O. 13751, 81 FR 88609, amending E.O. 13112, 64 FR 6183.

### Source

Source: 88 FR 47818, July 25, 2023, unless otherwise noted.