Section 1340-02-02-.09 - SETTLEMENT(1) Settlements are encouraged. After a timely valid claim has been filed, the claimant may enter into a written settlement agreement with either the department or the seizing agency. All settlements are subject to approval by the department. If a claim is filed timely with a settlement agreement, costs may be reduced. (a) A settlement agreement shall reflect the terms of the settlement on a form provided by the Legal Division. It must be signed by the claimant and/or claimant's counsel and the designated authority of the seizing agency and/or the department.(b) The commissioner shall enter a final order of settlement that incorporates the settlement agreement. The final order shall be served on the claimant and the seizing agency, with a copy maintained in the Legal Division's case file.(c) Upon entry of a final order of settlement and upon the parties' compliance with its terms, the seized property shall be released to the claimant or forfeited to the state for disposition under the Act.(d) The final order of settlement may provide that the failure of a claimant to comply with the terms of the order may result in the forfeiture of the seized property to the state subject to the disposition of any other timely, valid claim. Prior to the issuance of the final order in a case where the claimant has failed to comply with the order of settlement, the claimant shall have the opportunity to appear in a show cause hearing.(e) The seizing agency shall not release any property until it has received a final order.(2) The administrative judge shall not, in any way, interfere in any settlement negotiations or render advice to either party during settlement negotiations.Tenn. Comp. R. & Regs. 1340-02-02-.09
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-305, 40-33-201, et seq., as amended, and 53-11-201, et seq.