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-.11 - SERVICE OF NOTICE OF HEARING
Current through September 24, 2024
(1) At a reasonable time prior to a hearing, a "Notice of Hearing" shall be filed by the Legal Division and served on all parties, per Rule 1340-02-02-.03(4).
(2) In serving a "Notice of Hearing," the Legal Division shall rely upon the addresses of record as given by a claimant or by claimant's counsel. Proof of service per Rule 1340-02-02-.03(4) to the addresses of record shall establish a rebuttable presumption that claimant or claimant's counsel received notice of the hearing date.
(3) Notice of hearing for a second or subsequent setting of the hearing will be by certified mail, return receipt requested. Such notice may be proven as set forth in Rule 1340-02-02-.06(2). Claimants and their attorneys shall have an affirmative duty to notify the Legal Division in writing of any change in address.
(4) All claims filed against a specific seized property shall be consolidated for a single hearing.
Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-307, 40-33-201, et seq., as amended, and 53-11-201, et seq.