Habitual Violations

(1) As required by T.C.A. § 54-3-114(j)(2)(B), the Department of Transportation has established a process for the Department of Transportation or its contractor to notify the Department of Revenue of the determination that a registered owner is a habitual violator. The established process provides that the Department of Transportation will notify the Department of Revenue of the determination that a registered owner is a habitual violator via VTRS. This notification will include documentation of the nonpayment events that resulted in the habitual violator determination. (2) Upon receipt of the notification described in subsection (a), the Department of Revenue shall cause to be issued, directly, through a contractor, or otherwise, a notice of intention to suspend the motor vehicle registration of any habitual violator owing user fees pursuant to its authority under T.C.A. § 54-3-114(j)(1) and T.C.A. § 55-5-117(a)(1). Such notice shall include the following information: (a) The reason for the proposed suspension, including the dates and times of nonpayment events giving rise to the determination that the registrant is a habitual violator, or other relevant considerations; (b) A statement explaining that if the habitual violator does not remit payment for outstanding user fees and other applicable charges to the Department of Transportation or its contractor within 60 days of the date of the notice of the intention to suspend, the Department of Revenue shall suspend the registration of the habitual violator until such time as user fees and associated charges are paid; (c) The process by which the habitual violator can avoid the registration suspension, including payment methods for outstanding fees; (d) Notice that the habitual violator shall have the right to contest the registration suspension within 10 days of the notice of suspension via administrative hearing with the Department of Revenue conducted under the Uniform Administrative Procedures Act, pursuant to T.C.A. § 54-3-114(j)(4) and T.C.A. § 67-1-105; and (e) The amount of any fee not to exceed $35.00 imposed by the Department of Revenue to cover administrative costs pursuant to T.C.A. § 54-3-114(d). (3) The notice described in subsection (2) shall direct registrant inquiries regarding unpaid user fees and other charges to the Department of Transportation or its contractor. (4) Upon receiving a request from the Department of Transportation or its contractor to suspend the registration of a habitual violator who has not remitted payment of outstanding user fees and other charges to the Department of Transportation or its contractor within 60 days of the notice of intention to suspend specified by the notice described in subsection (2), the USER FEE FACILITIES CHAPTER 1320-08-08 Department of Revenue shall promptly suspend the habitual violator’s registration as authorized under T.C.A. § 54-3-114(j)(1). (5) Upon receiving a request from the Department of Transportation or its contractor to reinstate the registration of a habitual violator whose registration was suspended as described in subsection (d) following receipt by the Department of Transportation or its contractor of payment of outstanding user fees and other applicable charges from the habitual violator, the Department of Revenue shall promptly reinstate the suspended registration. (6) The Department of Revenue shall not suspend any registration for noncompliance with T.C.A. §§ 54-3-101, et seq., as described in subsection (4), nor reinstate any suspended registration once a habitual violator has cured the noncompliance as described in subsection (5), unless the Department of Transportation or its contractor initiates a request as detailed therein.