Section 1340-02-02-.04 - TIME(1) Pursuant to T.C.A. § 40-33-206, any person claiming any interest in seized property shall file a claim within thirty (30) days after receipt of notice from the department: (a) Any potential claimant who is not notified by the department and who could not reasonably be discovered pursuant to a search of the applicable public records shall have thirty (30) days from the date of the Forfeiture Warrant to file a claim.(2) In computing any period of time prescribed or allowed by statute, rule, or order, the date of the act, event or default after which the designated period of time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.(3) Except in regard to the filing of a claim as noted above in Paragraph (1), petitions for review under T.C.A. §§ 4-5-315, 4-5-317, 4-5-322, and 40-33-213, acts under Rules 1340-02-02-.05, .06 and .10(3)(b), or where otherwise prohibited by law, when an act in a contested case is required or allowed to be done at or within a specified time, the administrative judge may, at any time: (a) With or without motion or notice, order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by previous order, or(b) Upon motion made after the expiration of the specified period, permit the act to be done late, where the failure to act was the result of excusable neglect. Nothing in this section shall be construed to allow any ex parte communications concerning any issue in the proceedings that would be prohibited by T.C.A. § 4-5-304.(4) Mail Rule. THIS PART DOES NOT APPLY TO THE FILING OF CLAIMS OR ADMINISTRATIVE OR JUDICIAL APPEALS FROM AN INITIAL OR FINAL ORDER. Except as noted above, whenever a party has the right or is required to do some act or to take some proceedings within a prescribed time after the service of a notice or other paper and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.Tenn. Comp. R. & Regs. 1340-02-02-.04
Original rule filed December 5, 1994; effective February 18, 1995. Amendments filed December 10, 2014; 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.