(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that: (1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or (2) the standards listed under § 12-204(b) of this subtitle were not met. (b) In a proceeding under this title, the court may determine, based on the standards listed in § 12-204(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous: (1) in recommending the forfeiture of a motor vehicle; or (2) in not surrendering on request a motor vehicle to an owner.
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