Section 1340-02-02-.01 - SCOPE AND CONSTRUCTION(1) Pursuant to T.C.A. § 4-5-219, T.C.A. § 40-33-214, and T.C.A. § 53-11-201(j), the Tennessee Department of Safety hereby adopts these Rules to be used in the administration and conduct of contested cases concerning property seized pursuant to the Tennessee Drug Control Act; T.C.A. § 53-11-201, et seq.; T.C.A. § 55-10-414; T.C.A. § 55-50-504, T.C.A. § 55-50-506, T.C.A. § 55-5-108, and any other statute pursuant to which the department holds asset forfeiture hearings. These Rules apply instead of the Uniform Rules, Chapter 1360-4-1-.01 thru .20, and any successor or additional rules thereto.(2) Any provision of these rules, except Rules 1340-02-02-.06, .21 and .25, may be suspended by the commissioner upon motion by a party where clearly warranted in the interest of justice. Any suspension order must be in writing with a reason given for the suspension. The suspension order must be served by the commissioner on all parties to a contested case in which a suspension is ordered.(3) These Rules shall be construed to secure the just, speedy, and inexpensive determination of claims and Notices of Seizure. Where appropriate and to the extent necessary to secure just, speedy, and inexpensive determinations, any procedural matter that is not specifically addressed by these rules may be addressed by reference to provisions of state or federal law. For guidance, reference should first be made to T.C.A. § 40-33-201, et seq., and the Tennessee Drug Control Act, or T.C.A. § 53-11-201, et seq., or T.C.A. § 55-10-414, or T.C.A. § 55-50-504, or T.C.A. § 55-50-506, or T.C.A. § 55-5-108, or any other statute pursuant to which the department holds asset forfeiture hearings, as applicable; and second, to the Uniform Administrative Procedures Act. These proceedings are not exclusively governed by the Tennessee Rules of Evidence. (See T.C.A. § 4-5-313(1)).(4) For matters outside the definition of "rule" by the UAPA, T.C.A. § 4-5-102(10), nothing in these rules shall prohibit the use of informal policies and internal procedures for the administration of the Act and the handling of seized property.Tenn. Comp. R. & Regs. 1340-02-02-.01
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed October 31, 1996; effective February 28, 1997. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-214 as amended by Public Chapter 910 (1996) and Public Chapter 959 (1996) and 53-11-201(j).