1310. JUDICIAL DETERMINATION AS TO NATURE OF ALCOHOLIC BEVERAGES SEIZED.

1. Within ten calendar days after the seizure of any alcoholic beverages or any receptacle or container in which said alcoholic beverages are found, on the grounds that they are contraband, any person claiming an interest therein may initiate an action for a determination as to whether the items seized are contraband by filing a claim with the Superior Court and serving the notice of the claim on the Director of the Revenue Department. The Superior Court shall then schedule a hearing on the matter within fifteen (15) calendar days after the filing of the claim.
2. The Superior Court shall, upon good cause shown, permit discovery to be taken on an expedited basis. The Superior Court shall regulate the manner and timing of such discovery; provided that when the Superior Court orders expedited discovery, the time for a hearing may be postponed for a period of sixty (60) day. All discovery shall be completed prior to the hearing date.
3. The Tribe shall have the burden to establish a prima facie case that items seized are contraband, and after such proof is preponderance of the evidence that items seized are not contraband.
4. If the Superior Court determines that the items seized by the Tribe are not contraband, the Court shall order the return of the items to the claimant after the time for filing an appeal has elapsed. If the Superior Court determines that the items seized are contraband and the Tribe may dispose of the contraband as it deems fit after the time filing an appeal has elapsed.
5. The Tribe may appeal an adverse decision of the Superior Court under this section to the Appellate Court by filing notice of appeal within ten calendar days of the date of the decision of the Superior Court. Filing of the notice of appeal by the Tribe shall automatically stay the decision of the Superior court unless it is clearly erroneous.
6. The claimant may appeal an adverse decision of the Superior Court under this section to the Appellate Court by filing a notice of appeal within ten calendar days of the date of the decision of the Superior Court and posting an appeal bond in the amount set by the Superior Court. The Superior Court shall set the appeal bond in an amount sufficient to pay for the storage of the items in dispute during the pendency of the appeal and any court costs which may be incurred by the claimant and payment of the appeal bond shall automatically stay the decision of the Superior Court. The Appellate Court shall uphold the decision of the Superior Court unless it is clearly erroneous.