Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-02 - Administrative Division
Chapter 1340-02-02 - Rules of Procedure for Asset Forfeiture Proceedings
Section 1340-02-02-.09 - SETTLEMENT
Universal Citation: TN Comp Rules and Regs 1340-02-02-.09
Current through September 24, 2024
(1) Settlements are encouraged. After a timely valid claim has been filed, the claimant may enter into a written settlement agreement with either the department or the seizing agency. All settlements are subject to approval by the department. If a claim is filed timely with a settlement agreement, costs may be reduced.
(a) A settlement agreement shall reflect the
terms of the settlement on a form provided by the Legal Division. It must be
signed by the claimant and/or claimant's counsel and the designated authority
of the seizing agency and/or the department.
(b) The commissioner shall enter a final
order of settlement that incorporates the settlement agreement. The final order
shall be served on the claimant and the seizing agency, with a copy maintained
in the Legal Division's case file.
(c) Upon entry of a final order of settlement
and upon the parties' compliance with its terms, the seized property shall be
released to the claimant or forfeited to the state for disposition under the
Act.
(d) The final order of
settlement may provide that the failure of a claimant to comply with the terms
of the order may result in the forfeiture of the seized property to the state
subject to the disposition of any other timely, valid claim. Prior to the
issuance of the final order in a case where the claimant has failed to comply
with the order of settlement, the claimant shall have the opportunity to appear
in a show cause hearing.
(e) The
seizing agency shall not release any property until it has received a final
order.
(2) The administrative judge shall not, in any way, interfere in any settlement negotiations or render advice to either party during settlement negotiations.
Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-305, 40-33-201, et seq., as amended, and 53-11-201, et seq.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
