If the department receives a declaration of opposition, what must the department do within 16 days?

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When there is a declaration of opposition to a lien sale, the department must promptly inform the lienholder within 16 days that the lien sale cannot be held unless the lienholder files action within 60 days. This notice gives the opposing party a fair opportunity to challenge the sale and starts a clear timeline: a 60-day window to take the required action if they want to contest or halt the sale. If no action is filed within that window, the department can proceed as planned.

Proceeding with the sale immediately would bypass the opposition and violate the required due-process notice. Canceling the lien and releasing the vessel isn’t warranted merely because of an opposition. Delaying the sale for 60 more days without the formal 16-day notice process also wouldn’t align with the procedural rule that triggers the 60-day action window after notification.