41-1a-1103 - Sale.
41-1a-1103. Sale.
(1) If the owner or lienholder of a seized vehicle, vessel, or outboard motor does notrecover the vehicle, vessel, or outboard motor within 30 days from the date of seizure, or if thedivision is unable to determine the owner or lienholder through reasonable efforts, the divisionshall sell the vehicle, vessel, or outboard motor.
(2) The sale shall:
(a) be held in the form of a public auction at the place of storage; and
(b) at the discretion of the division, be conducted by:
(i) an authorized representative of the division; or
(ii) a public garage, impound lot, or impound yard that:
(A) is authorized by the division;
(B) meets the standards under Subsection 41-1a-1101(4); and
(C) complies with the requirements of Section 72-9-603.
(3) At least five days prior to the date set for sale, the division shall publish a notice ofsale setting forth the date, time, and place of sale and a description of the vehicle, vessel, oroutboard motor to be sold:
(a) on the division's website; and
(b) as required in Section 45-1-101.
(4) At the time of sale the division or other person authorized to conduct the sale shalltender to the highest bidder a certificate of sale conveying all rights, title, and interest in thevehicle, vessel, or outboard motor.
(5) The proceeds from the sale of a vehicle, vessel, or outboard motor under this sectionshall be distributed as provided under Section 41-1a-1104.
(6) If the owner or lienholder of a vehicle, vessel, or outboard motor seized underSection 41-1a-1101 and subsequently released by the division fails to take possession of thevehicle, vessel, or outboard motor and satisfy the amount due to the place of storage within 30days from the date of release, the division shall renotify the owner or lienholder and sell thevehicle, vessel, or outboard motor, in accordance with this section, 30 days from the date of thenotice.
Amended by Chapter 295, 2010 General Session