Section 1062 - Seized Devices(a) Any person whose flamethrowing devices are seized under the provisions of Health and Safety Code 12760 may, within 10 days after seizure, petition the State Fire Marshal to return the flamethrowing devices seized upon the grounds that the flamethrowing devices were illegally or erroneously seized. Any petition filed pursuant to this section shall be considered by the State Fire Marshal within 15 days after filing or after a hearing granted to the petitioner, if requested. The State Fire Marshal shall advise the petitioner of his or her decision in writing. The decision of the State Fire Marshal is final unless within 60 days after seizure an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the flamethrowing devices seized pursuant to this chapter, except as provided in (b) below.(b) The decision of the State Fire Marshal is final in the case of the seizure of the flamethrowing device, unless within 20 days after the notice of the decision is mailed to the petitioner an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the flamethrowing devices seized pursuant to this chapter.Cal. Code Regs. Tit. 19, § 1062
1. New section filed 6-17-2010; operative 7-17-2010 (Register 2010, No. 25). Note: Authority cited: Section 12756, Health and Safety Code. Reference: Section 12760, Health and Safety Code.
1. New section filed 6-17-2010; operative 7-17-2010 (Register 2010, No. 25).