Follow this and additional works at:
|
|
- Michael Walsh
- 5 years ago
- Views:
Transcription
1 University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law DEPARTMENT OF SAFETY, EASTERN DIVISION, vs. ONE 1998 JEEP, VIN: 1J4FJ68JSXWL147007, Seized From: Nicholas Poet Jones, Seizure Date: August 3, 2006, Claimant: Nicholas Poet Jones, Seizing Agency: Chattanooga PD, Lienholder: None Filed Follow this and additional works at: This Initial Order by the Administrative Judges of the Administrative Procedures Division, Tennessee Department of State, is a public document made available by the College of Law Library, and the Tennessee Department of State, Administrative Procedures Division. For more information about this public document, please contact administrative.procedures@tn.gov
2 BEFORE THE COMMISSIONER FOR THE TENNESSEE DEPARTMENT OF SAFETY IN THE MATTER OF: DEPARTMENT OF SAFETY, EASTERN DIVISION, v. DOCKET No: J D.O.S. Nos. F4754 & F4755 ONE: 1998 JEEP VIN: 1J4FJ68JSXWL Seized From: Nicholas Poet Jones Seizure Date: August 3, 2006 Claimant: Nicholas Poet Jones Seizing Agency: Chattanooga PD Lienholder: None Filed INITIAL ORDER OF DEFAULT & DISMISSAL PROCEDURAL This contested matter was heard in Chattanooga, Tennessee on 18 January 2006, before William J. Reynolds, Administrative Judge assigned by the Secretary of State, Administrative Procedures Division, sitting for the Commissioner of the Tennessee Department of Safety. Ms. Lori Long represented the Department. The Claimant was not present, either in person or through competent legal counsel. Ms. Brenda C. Jones, mother of the Claimant, appeared as a person/lay advocate holding a General Power of Attorney on behalf of the principal/ maker, Nicholas Poet Jones.
3 The Department moved for consolidation of case Nos. F-4754 and F4755 because the issues arise from the same incident; said motion was granted. There being no objection, the Technical Record was received into evidence as Exhibit 1, the Department of Safety driving history for Nicholas Poet Jones was received and marked as Exhibit 2, the General Power of Attorney of Nicholas Poet Jones, maker, and Brenda C. Jones, holder, was received and marked as Exhibit 3, and a copy of the State of Tennessee Certificate of Title, naming N. Poet Jones as the Registered Owner of the Subject 1998 Jeep, was received and marked as Exhibit 4. The matter was fully and finally heard on said date and the record was closed. This hearing was convened to consider the proposed forfeiture of the subject vehicle for its alleged operation by the Claimant, whose driving privileges were revoked for driving a motor vehicle under, inter alia, the influence of an intoxicant, (See, TCA et seq., & et seq.) On the Claimant s failure to appear at the hearing, and at the close of proof, counsel for the Department objected to Brenda C. Jones representation of the Claimant and made an oral motion for an order finding the Claimant to be in default, pursuant to TCA Upon full consideration of the evidence received at the hearing, statements and proof, and the entire record in this case, the Department s motion was granted. The Claimant was found to be in default, and the claim filed in this matter was stricken, as supported by the following Findings of Fact and Conclusions of Law. 2
4 FINDINGS OF FACT 1. The certified driving record of the Claimant, Nicholas Poet Jones, was entered as an exhibit at the hearing of this matter. 2. On August 3, 2006, Officer Jeffery Ballard of the Chattanooga Police Department was on patrol. He stopped a vehicle driven by Nicholas Poet Jones for traveling 73 mile per hour in a 55 mile per hour zone. Detecting an odor of intoxicant, he asked Nicholas Poet Jones to perform field sobriety tests. Mr. Jones cooperated but failed the sobriety tests. 3. While checking the Claimant s driver s license and registration, he discovered the Claimant s driver s license had been revoked due to two prior DUI offenses. A copy of the Certificate of title shows N. Poet Jones was the name of the registered owner of the subject vehicle. Citizens National Bank appeared on the certificate as the first lienholder. 4. Nicholas Poet Jones was placed under arrest and charged with: Third Offense of Driving Under the Influence, Driving On Revoked license, and Speeding. 5. The Claimant s vehicle was seized and a Property Forfeiture Warrant was issued. The Claimant filed a claim seeking the return of the vehicle and requesting a hearing. No claim was filed by the lienholder noted on the Certificate of Title. 3
5 6. A hearing was scheduled for 18 January The Department sent notification of the hearing time and location, by certified mail, to the Claimant. The Notice was sent to the address of record provided by Claimant on the August 25, 2006 Petition For Hearing. 7. The Department s Notice was duly delivered to the Claimant s address of record. 8. Ms. Brenda C. Jones, mother of the Claimant, appeared at the hearing and announced the Claimant was incarcerated. Ms. Jones presented a General Power of Attorney made from Nicholas Poet Jones to Ms. Brenda C. Jones. 9. Ms. Jones presented the General Power of Attorney with the pretense of substituting for her son s claim. 10. Ms. Brenda C. Jones testified she had previously paid the indebtedness to the noted lienholder, in the approximate amount of Eight Thousand and No/100 ($8,000) Dollars; however, she had not, nor the first lienholder, filed a claim for the vehicle. 11. Being incarcerated, the Claimant did not make any further effort to appear at the hearing and was not otherwise represented. Based on the Claimant s failure to appear, prosecute, or defend, the Department made an oral motion for the entry of an Order of Default. 4
6 CONCLUSIONS OF LAW and ANALYSIS The Court has considered the following legal authorities and precedents in making a determination and ruling in this cause. 1. Tennessee Code Annotated, provides as follows: Driving under the influence of an intoxicant, drug or drug producing stimulant effect prohibited--- Alcohol concentration in blood or breath. (a) It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequently by the public at large, while (1) under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or (2) The alcohol concentration of such person s blood or breath is eight-hundredths of one percent (.08%) or more. (b) For the purpose of this section, drug producing stimulating effects on the central nervous system includes the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use. Further, Tennessee Code Annotated, (k) states in pertinent part: (1) The vehicle used in the commission of a person s second or subsequent violation of , or the second or subsequent violation of any combination of , and a statue of any other state prohibiting driving under the influence of an 5
7 intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in Title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by , for all forfeitures authorized by this subsection (k). (2) In order for the provisions of subdivision (k)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur on or after January 1, 1997, and the second offense after January 1, 1997, occurs within five (5) years of the first offense occurring after January 1, (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person s second or subsequent DUI violation is to prevent unscrupulous or incompetent persons from driving on Tennessee s highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state s highways. There is a reasonable connection between the remedial purpose of this section, insuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs. Additionally, Tennessee Code Annotated, at (h) (1) and (2) provides that: (1) The vehicle used in the commission of a person s violation of , when the original suspension or revocation was made for a violation of , or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department 6
8 designated as the applicable agency, as defined by , for all forfeitures authorized by this subsection. (2) For purposes clarifying the provisions of this subsection and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while such person s driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while such person s driving privileges are cancelled, suspended or revoked is not required. (Bold emphasis added.) The statute prohibits driving under the influence of an intoxicant and makes it unlawful for any person to drive, or be in physical control of an automobile, on any public roads and highways of the state, or on any streets or alleys, or any premises which are generally frequented by the public at large. Nicholas Poet Jones was driving the subject vehicle while under the influence of an intoxicant. His conduct appears to be of the kind the statute seeks to discourage and prohibit. Consequently, this conduct causes engagement of the statutory seizure and forfeiture procedures. 2. Ms. Brenda C. Jones, mother of the Claimant, comes as a holder of a General Power of Attorney on behalf of the maker, Nicholas Poet Jones. The form is entitled General Power of Attorney. Interestingly, in the last paragraph of the instrument the term Durable Power of Attorney is noted. It includes durability language similar to the definition at Tennessee Code Annotated, at
9 General Power of Attorney is a written document in which one person (the principal) appoints another person to act as an agent on his or her behalf (i.e. in the stead of another), thus conferring authority on the agent to perform certain acts or functions on behalf of the principal. Powers of attorney are routinely granted, as here, to allow the agent to manage all financial and business activities without limiting the scope to any particular transaction or act. The principal can revoke the power of attorney at any time (emphasis added). The form offered into evidence provides the duration shall continue until the death of the maker or until revoked, at any time, accompanied by written notice to the holder. That is to say, this power of attorney is revocable and could have been revoked prior to the administrative hearing. A Durable Power of Attorney, by design, survives the mental incapacity of the Maker. The maker of a Power of Attorney, appointing someone to act as their attorney-in-fact, does not confer to the holder the power to conduct litigation, or render advocacy services, on the maker s behalf. For example, Tennessee Code Annotated, at declares any power of attorney or authority to confess judgment, which is given before an action is instituted and before the service of process is issued, as void. Any subsequent judgment based on the power of attorney is also void under the statute. It appears to limit a predisposition because of the precarious nature of confessing the judgment. Namely, rights and interests can t always, if ever, be quantified. The appearance before a court is an official act according to Kirkwood v Smith, 77 Tenn 228 (1882). 3. The authority of the Power of Attorney would, if applicable, permit Brenda C. Jones to act in the place and stead of Nicholas Poet Jones. The power does not permit the reverse, which is for Brenda C. Jones to assert her interest or claim. Brenda C. Jones did not, nor the Citizens National bank, file a claim for any interest as a secured party (i.e. lienholder) or innocent coowner. The virtue of paying the lien amount against the subject vehicle did not obviate the requirement to file a claim pursuant to the Statute and Department 8
10 Rules. Tennessee Code Annotated, at regarding forfeiture procedures generally provides in part, (a) Any person asserting a claim to any property seized pursuant to the provisions of law set out in , and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency. (b)(1) Except as provided in (a), with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and (2) An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding. (c) If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law. (Bold emphasis added.) 9
11 Neither Citizens Bank nor Brenda C. Jones timely filed a claim, through inadvertence or unfamiliarity with the rules, to protect any interest; accordingly, their interest, if any, in and to the seized property shall be forfeited. 4. The court herein does not recognize a lay advocate with a General Power of Attorney and applies the following statute to the interest of the Claimant, Nicholas Poet Jones: Tennessee Code Annotated (a) provides that if a party fails to attend or participate in a pre-hearing conference, hearing or other stage of a contested case, the administrative judge... may hold the party in default... An order holding an absent party in default at the second setting of a forfeiture hearing is authorized by Rule (1) (a), TENN. COMP. R. & REGS., Rules of Procedure for Asset Forfeiture Hearings. As of the date of this order, no attorney authorized to practice law in the State of Tennessee has appeared on behalf of Claimant, Nicholas Poet Jones. 5. Further, the Department of Safety Regulations governing asset forfeiture hearings provide: (d) No default shall be entered against a claimant for failure to attend [the hearing] except upon proof by the filing of the return receipt card, that the legal division has given notice of the hearing per Rule (3). (e) Upon default by a party, an administrative judge may enter either an initial default order or an order for an uncontested proceeding... Rule (1), TENN. COMP. R. & REGS., Rules of Procedure for Asset Forfeiture Hearings. And, that Upon a default by a claimant, a claimant s claim shall be stricken by initial default order, or, if the agency requests, the agency may proceed uncontested. 10
12 See, Rule (2)(b), TENN. COMP. R. & REGS., Rules of Procedure for Asset Forfeiture Hearings. (Bold emphasis added.) 6. The legal impact of striking a claim is to render the claim void ab initio, as though it had never been filed. Failure to file a claim results in the forfeiture of the property for disposition as provided by law. See, Tennessee Code Annotated (c), supra. 7. The Department met its burden of proof. The Department established that the Claimant s operator s license had been previously revoked for DUI convictions, and that it had not been restored by the date of the hearing. The Department proved that the Claimant was (1) driving the vehicle on the date of the vehicle seizure, and (2) that he was intoxicated on that date. The Department therefore proved the essential elements of its case. 8. In accordance with the law, as set forth above, it is determined that the Department s motion for default is well-taken. The Claimant was notified of the hearing, as shown by the appearance of his mother, and he failed to appear at the hearing to pursue his claim. Pursuant to the cited authority, the Claimant is hereby found to be in default for failing to appear at the hearing scheduled to consider his claim. 11
13 Accordingly, it is hereby ORDERED that the Claimant s claim is stricken from the record, and dismissed. The Claimant s interest in the subject vehicle is Ordered forfeited to the Seizing Agency, the Chattanooga Police Department, for disposition as provided by law. ENTERED this 1st day of April, WILLIAM J. REYNOLDS ADMINISTRATIVE JUDGE Filed in the Administrative Procedures Division, Office of the Secretary of State, this 1st day of April, THOMAS G. STOVALL, DIRECTOR ADMINISTRATIVE PROCEDURES DIVISION 12
TENNESSEE DEPARTMENT OF SAFETY vs. KEVIN BEATY
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-4-2010 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-25-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-17-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-18-2008 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-2-2008 TENNESSEE DEPARTMENT
More informationCornelius Sorina vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-23-2014 Cornelius Sorina vs.
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-4-2009, DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-29-2012 DEPARTMENT OF SAFETY,
More informationRobert M. Russell vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-30-2014 Robert M. Russell vs.
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-20-2008 TENNESSEE DEPARTMENT
More informationWilliam K. Bryant vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law September 2013 William K. Bryant
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-2-2008 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-11-2012 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-28-2010 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-31-2008 One 2004 Chevrolet Trailblazer,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-21-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-16-2006 Department of Safety,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-24-2008 TENNESSEE DEPARTMENT
More informationMatthew McBee vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-17-2014 Matthew McBee vs. Safety
More informationTrey & Michael Torres vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-13-2014 Trey & Michael Torres
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-24-2012 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-11-2009 TENNESSEE DEPARTMENT
More informationTENNESSEE DEPARTMENT OF SAFETY vs. One 1996 Honda Accord Vin Number 1HGCE1822TA , Date of Seizure: October 21, 2010, Claimant: Lesile Frazier
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 9-11-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-29-2010 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-27-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-12-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-5-2009 DEPARTMENT OF SAFETY
More informationGary F. Bickford vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law October 2013 Gary F. Bickford
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-13-2007 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-24-2010 Terry Lynn Pennix Follow
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-21-2012 State of Tennessee Department
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-13-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-10-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-8-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 9-24-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-8-2008 Tennessee Department
More informationGregory Brunson vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-27-2014 Gregory Brunson vs.
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-22-2008 Tennessee Department
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-6-2012 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-21-2006 DEPARTMENT OF SAFETY,
More informationORDINANCE NO AN ORDINANCE AMENDING CHAPTER 10.20, VEHICLE SEIZURE AND IMPOUNDMENT, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
10/14/2013 ORDINANCE NO. 2013 - AN ORDINANCE AMENDING CHAPTER 10.20, VEHICLE SEIZURE AND IMPOUNDMENT, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-26-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-6-2006 Shane Quinn Follow this
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-19-2008 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-15-2011 TENNESSEE DEPARTMENT
More informationTENNESSEE DEPARTMENT OF FINANCIAL INSTITUTIONS, COMPLIANCE DIVISION, Petitioner, vs. FIRST CHOICE FUNDING, INC., Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-15-2011 TENNESSEE DEPARTMENT
More informationBOARD OF EDUCATION vs. NATASHA KRUITHOF, Respondent.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-7-2011 BOARD OF EDUCATION vs.
More informationVanessa Quilantan vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law January 2015 Vanessa Quilantan
More informationCTAS e-li. Published on e-li (https://eli.ctas.tennessee.edu) December 06, 2017 Statutory Powers
Published on e-li (https://eli.ctas.tennessee.edu) December 06, 2017 Statutory Powers Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library
More informationForfeiture of motor vehicle for impaired driving after impaired driving license revocation; forfeiture for felony speeding to elude arrest.
20-28.2. Forfeiture of motor vehicle for impaired driving after impaired driving license revocation; forfeiture for felony speeding to elude arrest. (a) Meaning of "Impaired Driving License Revocation".
More informationA person s driver s license is subject to immediate civil revocation under G.S if the following four circumstances exist:
Magistrate Procedures for Ordering Civil License Revocations and Seizure and Impoundment of Motor Vehicles Shea R. Denning, School of Government 1 August 27, 2009 Civil License Revocations G.S. 20-16.5
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 471. Short Title: Fail to Obtain DL/Increase Punishment. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL 1 Short Title: Fail to Obtain DL/Increase Punishment. (Public) Sponsors: Referred to: Representatives Millis, Destin Hall, Cleveland, and Burr
More informationTennessee Department of Financial Institutions, Compliance Division, Petitioner, vs. Charlton Hildreth, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-24-2009 Tennessee Department
More informationOne 1994 Chevrole Pickup, VIN.: 1GCCS14W4R , SEIZED FROM: Trevor A. Coleman, DATE OF SEIZURE: March 12, 2012, CLAIMANT: Trevor A.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-26-2013 One 1994 Chevrole Pickup,
More informationORDINANCE NO. 903 BE IT ORDAINED BY THE PRESIDENT AND VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF COBDEN, UNION COUNTY, ILLINOIS, THAT:
ORDINANCE NO. 903 AN ORDINANCE TO CREATE SECTION 24-2-9 TOWING AND IMPOUNDING VEHICLES INVOLVED IN A CRIME OF ORDINANCE NO. 1 ENTITLED "REVISED CODE OF ORDINANCES OF 1974", ENACTED ON THE 15TH DAY OF JULY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-5-2008 TENNESSEE DEPARTMENT
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 656
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013-243 HOUSE BILL 656 AN ACT TO REVISE THE LAWS GOVERNING THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY
More informationGregory Candebat vs. Commerce And Insurance
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law November 2014 Gregory Candebat
More information1999 WISCONSIN ACT 109
Date of enactment: May 3, 2000 1999 Senate Bill 125 Date of publication*: May 17, 2000 1999 WISCONSIN ACT 109 (Vetoed in Part) AN ACT to repeal 346.65 (6) (a) 2., 346.65 (6) (m) and 347.413 (2); to renumber
More informationChapter 5 IMPOUNDMENT OF VEHICLES USED IN ILLEGAL ACTIVITIES
CITY OF WARRENVILLE DuPage County, Illinois ORDINANCE NO. 2898 ORDINANCE AMENDING TITLE 5, CHAPTER 5 OF THE WARRENVILLE CITY CODE RE IMPOUNDMENT OF VEHICLES USED IN ILLEGAL ACTIVITIES WHEREAS, the Mayor
More informationTENNESSEE DEPARTMENT vs. $ in U.S. CURRENCY, SEIZED FROM: MOISES SILVA, SEIZURE DATE: DECEMBER 9, 2009 CLAIMANT: MOISES SILVA
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-9-2010 TENNESSEE DEPARTMENT
More informationCommerce and Insurance vs. MEMPHIS SECURITY, INC., Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-24-2006 Commerce and Insurance
More informationPublished on e-li (https://eli.ctas.tennessee.edu) November 28, 2017 Seizure of Controlled Substances and Related Property
Published on e-li (https://eli.ctas.tennessee.edu) November 28, 2017 Seizure of Controlled Substances and Related Property Dear Reader: The following document was created from the CTAS electronic library
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-21-2009 TENNESSEE DEPARTMENT
More informationTENNESSEE INSURANCE DIVISION, Petitioner, vs. Docket No.: J JAMES MICHAEL FOLEY, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-4-2008 TENNESSEE INSURANCE
More informationTENNESSEE DEPARTMENT OF SAFETY, Department/, Petitioner, vs. CSGP 06-52VINCENT TUROCY, Grievant/, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-19-2007 TENNESSEE DEPARTMENT
More informationTHE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 28, 2017
HOUSE AMENDED PRIOR PRINTER'S NOS. 0,, 0 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. INTRODUCED BY RAFFERTY, MARCH, Session of AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE
More informationValorie D. Thacker vs. Department of Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-22-2013 Valorie D. Thacker vs.
More informationDEPARTMENT OF SAFETY vs. $6, in US Currency, Seized from: Todd Walters, Date of Seizure: August 21, 2008, Claimant: Todd Walters
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-14-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-24-2009 Joyce Allen Follow
More information20-9. What persons shall not be licensed.
20-9. What persons shall not be licensed. (a) To obtain a regular drivers license, a person must have reached the minimum age set in the following table for the class of license sought: Class of Regular
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-27-2009 HYATT CORPORATION d/b/a
More informationCHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1056
CHAPTER 99-234 Committee Substitute for Committee Substitute for Senate Bill No. 1056 An act relating to driving under the influence of alcohol or drugs; amending s. 322.34, F.S.; providing that a motor
More informationTITLE 3 MUNICIPAL COURT 1 CHAPTER 1 CITY COURT
3-1 Rev 1/2003 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY COURT. 2. CITY JUDGE. 3. COURT ADMINISTRATION. 4. WARRANTS, SUMMONSES AND SUBPOENAS. 5. BONDS AND APPEALS. 3-101. Established. CHAPTER 1 CITY COURT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-27-2011 TENNESSEE DEPARTMENT
More informationCommerce and Insurance vs. KEITH ODENE DODD, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-4-2012 Commerce and Insurance
More informationAzam Mani Khwaga dba Hickory Hollow Wine and Liquor vs. Alcoholic Beverage Commission
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-2-2014 Azam Mani Khwaga dba
More information09 LC EC/AP. By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, A BILL TO BE ENTITLED AN ACT
House Bill 160 (AS PASSED HOUSE AND SENATE) th st th th By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, th and Talton of the 145 A BILL TO BE ENTITLED AN ACT 1
More informationMEMORANDUM (via ) Changes to DWI Seizure and Felony Speeding Elude Seizure Laws
Legal and Legislative Services Division Peter E. Powell Legal and Legislative Administrator PO Box 2448, Raleigh, NC 27602 T 919 890-1300 F 919 890-1914 MEMORANDUM (via E-Mail) TO: FROM: Senior Resident
More informationImplied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.
20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis. (a) Basis for Officer to Require Chemical Analysis; Notification
More informationNovember 18, November 18, November 18, November 18, November 18, 2013
CITY OF LE ROY COUNTY OF McLEAN, STATE OF ILLINOIS ORDINANCE NO. 13-11-03-70 AN ORDINANCE ADOPTING TITLE SIX, CHAPTER SIX ENTITLED "SEIZURE AND IMPOUNDING OF VEHICLES" TO THE MUNICIPAL CODE OF LE ROY,
More informationUNOFFICIAL COPY OF HOUSE BILL 443 A BILL ENTITLED
UNOFFICIAL COPY OF HOUSE BILL 443 R5 5lr0523 By: Montgomery County Delegation Introduced and read first time: February 1, 2005 Assigned to: Environmental Matters 1 AN ACT concerning A BILL ENTITLED 2 Montgomery
More informationFor An Act To Be Entitled
1 State of Arkansas 2 80th General Assembly A Bill ACT 122 OF 1995 Regular Session, 1995 HOUSE BILL 1027 4 By: Representative M. Wilson 5 7 For An Act To Be Entitled 8 "AN ACT TO ESTABLISH PROCEDURES FOR
More informationPART 6 COURT CHAPTER 1 MUNICIPAL COURT
PART 6 COURT CHAPTER 1 MUNICIPAL COURT 6-101 Organization of municipal court. 6-102 Definitions. 6-103 Jurisdiction of court. 6-104 Judge; qualifications. 6-105 Appointment of judge. 6-106 Term of judge.
More informationMark Singer vs. Commerce and Insurance
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law February 2015 Mark Singer vs.
More information*P.G , P.G AND P.G
INTERIM ORDER SUBJECT: REVISON TO PATROL GUIDE 208-40, "INTOXICATED OR IMPAIRED DRIVER ARREST", PATROL GUIDE 208-27, DESK APPEARANCE TICKET GENERAL PROCEDURE AND PATROL GUIDE 210-09, BAIL DATE ISSUED:
More informationCHAPTER 500. (Senate Bill 277) Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones
CHAPTER 500 (Senate Bill 277) AN ACT concerning Vehicle Laws Speed Monitoring Systems Statewide Authorization and Use in Highway Work Zones FOR the purpose of expanding to all counties and municipalities
More informationSTOCKTON POLICE DEPARTMENT GENERAL ORDER ASSET SEIZURE AND FORFEITURE POLICY SUBJECT FROM: CHIEF ERIC JONES TO: ALL PERSONNEL
STOCKTON POLICE DEPARTMENT GENERAL ORDER ASSET SEIZURE AND FORFEITURE POLICY SUBJECT DATE: January 24, 2008 NO: FROM: CHIEF ERIC JONES TO: ALL PERSONNEL INDEX: Asset Seizure Forfeiture Narcotics Asset
More informationCITY OF RIO RANCHO ORDINANCE NO.
CITY OF RIO RANCHO ORDINANCE ORDINANCE NO. ENACTMENT NO. 1 1 1 1 1 1 1 1 1 0 1 AN ORDINANCE AMENDING THE UNIFORM TRAFFIC CODE TO PROVIDE FOR VEHICLE SEIZURE AND FORFEITURE UPON SECOND OR SUBSEQUENT ARREST
More informationTITLE 3 MUNICIPAL COURT 1
3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. 5. SEARCH AND SEIZURE. 6. MUNICIPAL ADMINISTRATIVE HEARING OFFICER.
More informationCh. 39 TRANSIENT VENDORS CHAPTER 39. TRANSIENT VENDORS
Ch. 39 TRANSIENT VENDORS 61 39.1 CHAPTER 39. TRANSIENT VENDORS Sec. 39.1. Definition. 39.2. Registration. 39.3. Transient vendor certificates. 39.4. Surety bond or other security. 39.4a. Application of
More informationLimited driving privilege. (a) Definition of Limited Driving Privilege. A limited driving privilege is a judgment issued in the discretion
20-179.3. Limited driving privilege. (a) Definition of Limited Driving Privilege. A limited driving privilege is a judgment issued in the discretion of a court for good cause shown authorizing a person
More informationH 5293 S T A T E O F R H O D E I S L A N D
======== LC00 ======== 0 -- H S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 0 A N A C T RELATING TO MOTOR AND OTHER VEHICLES-MOTOR VEHICLE OFFENSES Introduced By: Representatives
More informationSamuel Outlaw vs. Dept. of Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-17-2013 Samuel Outlaw vs. Dept.
More informationThe Responsible Vendor Act of 2006
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange MTAS Publications: Hot Topics Municipal Technical Advisory Service (MTAS) 5-31-2007 The Responsible Vendor Act of 2006
More informationGloria Sanchez vs. DHS
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law September 2013 Gloria Sanchez
More informationSubstitute for HOUSE BILL No. 2159
Substitute for HOUSE BILL No. 2159 AN ACT concerning driving; relating to driving under the influence and other driving offenses; DUI-IID designation; DUI-IID designation fund; authorized restrictions
More informationCopyright Crash Data Services, LLC All rights reserved.
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person
More informationCommercial Licensing Regulation 6 - Auto Wrecking and Salvage Yards. Application for License Denial, Revocation or Suspension of License
State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Commercial Licensing 233 Richmond Street Providence, RI 02903 Commercial Licensing Regulation 6 - Auto Wrecking
More informationWashington County, Minnesota Ordinances
Washington County, Minnesota Ordinances Ordinance No. 149 Administrative Ordinance Date Approved: 03/31/2000 Date Published: 04/05/2000 Table of Contents Section 1 Purpose and Title Section 2 Application
More information