Section 1660-02-13-.03 - NOTICE TO OWNER(S) AND/OR SECURED PARTY(IES)(1) If the vessel has a registration number assigned by any State, or if there are means of identifying the owner(s) and/or lienholder(s), the Agency will notify the owner(s) and/or lienholder(s) at their last known address by certified mail/return receipt requested.(2) The United States Coast Guard will be provided with a copy of the notice when commercial vessels are involved.(3) The Agency will provide a copy of the notice to the Uniform Commercial Code Division of the Office of the Secretary of State if a lienholder is identified.(4) The notice must contain the following information: (a) A description of the vessel, including any identifying numbers;(b) Location of the vessel;(c) A statement informing the owner(s) and/or the lienholder that the vessel must be claimed within thirty (30) days of receipt of notice, if notice is given by certified mail, and a statement that if notice is given by publication, the owner(s) and/or the lienholder must claim the vessel within 30 days after the last day the notice runs in the newspaper.(d) A statement informing the owner(s) and/or the lienholder(s) that a failure to claim the vessel within the prescribed time will constitute the vessel being considered abandoned.(e) A statement informing the owner(s) and/or the lienholder(s) that the vessel will be disposed of if no claim is made and the vessel removed within the prescribed time.(f) In the event the requesting party is a governmental agency, such agency shall have the discretion of placing the vessel into service in lieu of auction.(5) Notice by Publication If the Tennessee Wildlife Resources Agency is unable to determine the last registered owner(s) or the identity of any secured party(ies) of the abandoned vessel, or if notice by certified mail is unsuccessful following one (1) attempt, the requesting party shall place a notice, to appear for two (2) consecutive publications, in a newspaper of general circulation published in the county or city where the vessel was recovered. The notice by publication shall contain the information required under Rule 1660-02-13-.03(4) and shall be published within 15 days following the failed attempt at certified mail.
If notice is given by publication, the owner(s) and/or the lienholder must claim the vessel within 30 days after the last day the notice runs in the newspaper.
(6) Failure to recover vessel (a) If the owner is properly notified prior to recovery and owner does not remove/recover vessel within 5 days, the owner may be responsible for all charges incurred in removing/recovering the vessel and may be charged with a violation of this rule.(b) The removal time for the vessel may be immediate if the vessel impedes the use of a public facility, or presents a safety, navigational, or environmental hazard.Tenn. Comp. R. & Regs. 1660-02-13-.03
Original rule filed September 20, 2010; effective December 19, 2010.Authority: T.C.A. §§ 66-29-132, 69-9-207, 69-9-209 and 70-1-206.