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    (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.