Section 1340-02-02-.24 - COSTS OF ADMINISTRATION AND PROCEEDINGS(1) Administrative costs of $350.00 shall accompany a petition for hearing and shall attach when a hearing date is set by the Legal Division. (a) In certain circumstances, in the discretion of the department, the administrative costs may be reduced as part of settlement negotiations.(b) If the final order determines that all the seized property from the claimant shall be returned to the claimant, then no administrative costs shall attach and any such costs received by the commissioner will be refunded.(c) No final order shall be issued to a claimant until all administrative costs of that claimant have been satisfied.(2) Storage Costs. (a) Storage costs may be assessed by the seizing agency and such costs may be negotiated as part of a settlement and compromise agreement.(b) Storage costs, not negotiated pursuant to a settlement and compromise agreement, may only be assessed from the date of the order disposing of the case, except against a prevailing claimant.(c) The commissioner may assess appropriate storage costs against a claimant in any case where the seized property must be stored in a facility to protect the condition of the seized property, except against a prevailing claimant.(3) The department may assess wrecker fees and other reasonable costs that arise from the transportation and storage of the seized property, except against a prevailing claimant.Tenn. Comp. R. & Regs. 1340-02-02-.24
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.