(a) The Executive Director may seize electronic smoking devices that are sold or offered for sale in the State in violation of this title without a warrant. (b) (1) The Executive Director shall give notice of a seizure to the person from which the property is seized at the time of seizure. (2) A notice of seizure shall state the right of the owner or other interested person to file a claim for return of the seized property. (c) (1) Subject to paragraph (2) of this subsection, the owner or interested person may file a claim for return of the property with the Executive Director within 30 days after the seizure of the property. (2) A person forfeits any interest in, right to, or title to the electronic smoking devices seized for violation of this title if the person fails to timely file a claim for return of the seized property within the time allowed under paragraph (1) of this subsection. (d) Subject to subsection (e) of this section, if a person files a claim for the return of property seized under subsection (a) of this section, the Executive Director or the Executive Director's designee shall: (1) act on the claim and hold a hearing in accordance with § 16.7-208 of this subtitle; and (2) unless the Executive Director or the Executive Director's designee has satisfactory evidence that the owner or person was not in compliance with any provision of this title at the time of seizure, direct return of the seized property. (e) The Executive Director or the Executive Director's designee shall grant or deny the claim for return of seized electronic smoking devices by mailing the owner or person a notice of final determination. (f) A person who possessed or offered for sale electronic smoking devices that are seized under this section is not relieved from responsibility for: (1) any penalty under this title or Title 16 or Title 16.5 of this article; or (2) reimbursement of the costs of transportation, storage, or disposal of the seized property.
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