Section 1340-02-02-.06 - THE LEGAL DIVISION(1) The Legal Division is 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.(2) Upon receipt of a Notice of Seizure, Affidavit and Forfeiture Warrant the Legal Division shall: (a) Search for potential claimants and secured parties by: 1. Reviewing the Notice of Seizure and the Forfeiture Warrant,2. Checking the vehicle's identification number, registration, and title in appropriate public data bases,3. Checking the secured party address file created under subparagraph 2(g) of this Rule, and4. Checking other sources of indicia of ownership as may be appropriate for the property seized.(b) Take steps to notify each potential claimant and secured party unearthed through the search performed under subparagraph (2)(a) of this Rule, reflected on a Notice of Seizure, or related by a seizing agency after the filing of a Notice of Seizure.(c) All potential claimants and secured parties shall be sent notification to their last known address that Forfeiture Warrant has been issued. The notice shall state the name of the potential claimant or secured party, the name of the person(s) in possession of the seized property, give a general description of the seized property, the reasons for the seizure, the procedure by which recovery of the property may be sought, including the time period in which a claim or proof of security interest shall be filed with the Legal Division, and the consequences of failing to file within the time period.(d) 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.(e) Notice to a potential claimant or secured party shall be given in accordance with state and federal constitutional requirements. Such notice to a potential claimant or a secured party may be proven by any method used by the United States Postal Service to inform its users of the date of delivery of certified mail. 1. When the potential claimant or secured party or an agent or other representative of the potential claimant or secured party refuses to accept delivery and it is so stated in the return receipt of the United States Postal Service, the written return receipt if returned and filed in the case shall be deemed an actual and valid service of the notice. Service by mail is complete upon mailing. For purposes of these rules, the United States Postal Service notation that a properly addressed registered or certified letter is "unclaimed," or other similar notation, is sufficient evidence of the potential claimant's refusal to accept delivery.(f) If no claim or proof of security interest is received by the conclusion of the thirtieth (30th) day after the date of the potential claimant's or secured party's receipt of the Notice of Forfeiture Warrant sent by the Legal Division, seized property shall be forfeited to the state for disposition under the Act. A final order shall be issued. The final order shall be sent to each potential claimant and secured party and the person in possession of seized property.(g) A secured party may at any time notify the Legal Division - Nashville in writing of any address or addresses that it wishes the Legal Division to use when sending a Notice of Forfeiture Warrant to that secured party. The Legal Division shall keep the requested address or addresses on file until notified otherwise in writing by the secured party. Upon receiving written notification of address or addresses from a secured party in accordance with this rule, that shall be the primary address or addresses that the Legal Division shall use when sending a Notice of Forfeiture Warrant to that secured party until notified otherwise in writing by the secured party.(3) Upon receipt of a claim, the Legal Division shall within thirty (30) days of such receipt establish a hearing date and set such case on a docket. Nothing in these Rules shall be construed as requiring the hearing to be conducted within the thirty (30) day period. Only the cases on the docket may be heard on the merits on that day and at that time.(4) The commissioner designates the Legal Division to administer the forfeiture of seized property, to make settlements on behalf of the department and seizing agency, and to prosecute on behalf of the department all contested cases under the Act. The Legal Division, in its discretion, may associate with third party attorneys, e.g., district attorneys, seizing agency attorneys, etc., to prosecute the contested cases under the Act.Tenn. Comp. R. & Regs. 1340-02-02-.06
Original rule filed December 5, 1994; effective February 18, 1995. Amendments filed August 9, 2007; effective December 28, 2007. Repeal and new rule filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-308, 40-33-201, et seq., as amended, and 53-11-201, et seq.