Section 1240-02-05-.09 - PROCEDURES FOR SALE OF PROPERTY(1) Property Located in the State of Tennessee. The procedures in this Chapter will be utilized for the sale of real or personal tangible property located within the State of Tennessee which has been subject to an administrative seizure and sale order issued by the Department of Human Services after such order has become final.
(a) The Department of Human Services may utilize the same methods and rules for the seizure and sale of property as are established by the Department of Revenue pursuant to the provisions of Tennessee Code Annotated, Title 67, Chapter 1, Part 14 for the collection of taxes and those rules adopted by the Tennessee Department of Revenue to the extent that the rights and duties set forth therein are consistent with the provisions of state and federal laws administering the child support program established pursuant to Title IV-D of the Social Security Act. All references therein to taxes and taxpayers and collection of taxes shall be interpreted by the Department of Human Services in applying those procedures to relate to the collection of child support and payment of such collections to the state and/or to the obligee of the child support obligation.(b) The Department of Human Services may contract with the Department of Revenue or any other state agency or private contractor to provide services related to the seizure or disposition of property subject to the liens established by Tennessee Code Annotated, Title 36, Chapter 1, Part 9, or this Chapter.(2) Property Located in a State Other Than Tennessee. If an administrative seizure and sale order of the Department of Human Services pertains to real or personal tangible property located in a state other than Tennessee, the laws of that other state will apply to the seizure and sale of that property.
Tenn. Comp. R. & Regs. 1240-02-05-.09
Original rule filed December 18, 2001; effective March 3, 2002. Amendment filed August 17, 2005; effective October 31, 2005.Authority: T.C.A. §§ 4-5-202, 36-5-901 et seq., 36-5-905, 36-5-912, and 36-5-1006.