1340-02-02-.04
Time
Cite as Tenn. Comp. R. & Regs. 1340-02-02-.04
(1)
Pursuant to T.C.A. § 40-33-206, any person claiming any interest in seized property shall file
a claim within thirty (30) days after receipt of notice from the department:
(a)
Any potential claimant who is not notified by the department and who could not
reasonably be discovered pursuant to a search of the applicable public records shall
have thirty (30) days from the date of the Forfeiture Warrant to file a claim.
(2)
In computing any period of time prescribed or allowed by statute, rule, or order, the date of the
act, event or default after which the designated period of time begins to run is not included.
The last day of the period so computed is included unless it is a Saturday, a Sunday, or a
legal holiday, in which event the period runs until the end of the next day which is neither a
Saturday, a Sunday nor a legal holiday. When the period of time prescribed or allowed is less
than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded
from the computation.
(3)
Except in regard to the filing of a claim as noted above in Paragraph (1), petitions for review
under T.C.A. §§ 4-5-315, 4-5-317, 4-5-322, and 40-33-213, acts under Rules 1340-02-02-.05,
.06 and .10(3)(b), or where otherwise prohibited by law, when an act in a contested case is
required or allowed to be done at or within a specified time, the administrative judge may, at
any time:
THE RULES OF PROCEDURE FOR ASSET FORFEITURE HEARINGS
CHAPTER 1340-02-02
(a)
With or without motion or notice, order the period enlarged if the request is made before
the expiration of the period originally prescribed or as extended by previous order, or
(b)
Upon motion made after the expiration of the specified period, permit the act to be done
late, where the failure to act was the result of excusable neglect. Nothing in this section
shall be construed to allow any ex parte communications concerning any issue in the
proceedings that would be prohibited by T.C.A. § 4-5-304.
(4)
Mail Rule. THIS PART DOES NOT APPLY TO THE FILING OF CLAIMS OR
ADMINISTRATIVE OR JUDICIAL APPEALS FROM AN INITIAL OR FINAL ORDER. Except
as noted above, whenever a party has the right or is required to do some act or to take some
proceedings within a prescribed time after the service of a notice or other paper and the
notice or paper is served by mail, three (3) days shall be added to the prescribed period.