Tenn. Comp. R. & Regs. 1340-02-02-.11
Service of Notice of Hearing
Effective Mar 10, 2015Authority: 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.Tennessee Department of Safety and Homeland Security
- (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. Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.