Section 1340-02-02-.02 - DEFINITIONS(1) Act. T.C.A. § 40-33-201, et seq., as amended, or T.C.A. § 53-11-201, et seq., as amended, or T.C.A. § 55-10-414, as amended, or T.C.A. § 55-50-504, as amended, or T.C.A. § 55-5-506, as amended, or T.C.A. § 55-5-108, as amended, or any successor law(s).(2) Administrative Judge. An employee or official of the administrative procedures division of the office of the secretary of state or the department licensed to practice law and authorized by the commissioner to conduct contested case proceedings. Wherever the term "administrative judge" is used in these rules, it is intended to include reference to the term "hearing officer" or "commissioner," in cases in which a hearing officer or the commissioner conducts the proceedings. For purposes of these rules, a hearing officer is an employee or official of the office of the secretary of state or the department, not licensed to practice law, and authorized by the commissioner to conduct a contested case proceeding.(3) Administrative Procedures Division. The division of the Department of State that supplies administrative judges to hear contested cases pursuant to the UAPA. If the department employs an administrative judge from the Administrative Procedures Division, the initial or final order shall not be deemed entered until the initial or final order has been filed with the Administrative Procedures Division. Hereinafter, the Administrative Procedures Division may be referred to as "APD". Address: Administrative Procedures Division
Department of State
8 th Floor, William R. Snodgrass Tower
312 Rosa L. Parks Avenue
Nashville, Tennessee 37243-1102
Telephone number: (615) 741-7008 Fax: (615) 741-4472
(4) Appeals Division. The division of the department designated by the commissioner to administer certain contested case orders and all appellate matters under the Act, including but not limited to Final Orders, Interlocutory Appeals, Petitions for Reconsideration, Petitions for a Stay, Appeals of an Initial Order, and Notices of Review of an Initial Order. Address: Appeals Division
Tennessee Department of Safety
1150 Foster Avenue
Nashville, TN 37243
Telephone number: (615) 251- 5114 Fax: (615) 253-4622
(5) Claim. A claim is a written request, signed under oath, for a hearing by a claimant seeking to recover an alleged interest in seized property. A claim must conform to Rule1340-02-02-.07.(6) Claimant. A person who files a claim alleging an interest in seized property.(7) Contested Case. Administrative in rem forfeiture proceeding whereby the entire world's interest in seized property is determined.(8) Commissioner. The commissioner of the Tennessee Department of Safety(9) Department. The Tennessee Department of Safety.(10) File(d). Actual receipt by the Legal Division.(11) Judge. Judges and magistrates shall include (1) the judges of the Supreme Court; (2) the judges of the circuit, criminal, and chancery courts; (3) judicial commissioners; (4) judges of the courts of general sessions; (5) city judges in cities and towns; and (6) judges of juvenile courts.(12) Legal Division. The division of the department designated by the commissioner to receive for filing all pleadings in contested case proceedings under the Act, to maintain the record in contested case proceedings under the Act, and to administer the Act as set out in these rules. Address: Legal Division, Tennessee Department of Safety
1150 Foster Avenue
Nashville, TN 37243
Telephone number: (615) 251-5296 Fax: (615) 532-7918
(13) Notice of Seizure. Department created form given to a person potentially having an interest in seized property.(14) Party to a Contested Case. The department and the persons and entities who have properly filed pursuant to T.C.A. § 40-33-201, et seq. and any other applicable statute to protect their interest in the seized property.(15) Pauper's Oath. The Uniform Civil Affidavit of Indigency which must be completed and signed before a notary by any potential claimant alleging that the claimant cannot pay the cost bond.(16) Person. Any individual, partnership, corporation, association or governmental subdivision, including any agency, division, or department of government, or public or private organization of any character.(17) Pleadings. The notice of seizure, the claim, and any motions, memoranda, responses, answers, orders, notices, title searches, or other paper filed with the Legal Division shall comprise the pleadings in a contested case.(18) Record. All items in a contested case filed with the Legal Division, including any pleadings, transcripts and exhibits, orders, or other items, and if an administrative judge has been utilized, all items set forth above plus any initial and final orders.(19) Secured Party. The holder of a security interest in the seized property pursuant to T.C.A. § 47-9-301, et seq.(20) Seizing Agency. Any entity authorized to seize property pursuant to the applicable Act.(21) Seized Property. Any property, excluding real property, seized pursuant to the Act.(22) UAPA. The Uniform Administrative Procedures Act, T.C.A. § 4-5-101, et seq.(23) Working Day. Any day or part of the day on which state offices are open for business.Tenn. Comp. R. & Regs. 1340-02-02-.02
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed October 31, 1996; effective February 28, 1997. Repeal and new rule filed December 10, 2015; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 40-33-201, et seq., as amended, and 53-11-201, et seq.