BEFORE THE COMMISSIONER OF THE TENNESSEE DEPARTMENT OF SAFETYIN THE MATTER OF:
TENNESSEE DEPARTMENT OFSAFETY
v.All Property Listed in Appeals DivisionOrder of Compromise & Settlement,entered September 7, 2007Seized From: William G. TalleyDate of Seizure: 8/16/05 & 8/17/05Claimant: William G. TalleyLienholder: None FiledSeizing Agency: Metro Nashville P.D.DOCKET NO: 19.01-101790J(D.O.S. #E5053 & E5054)INITIAL ORDER OF DEFAULT & DISMISSAL OF CLAIM
This matter was heard in Nashville, Tennessee on April 21, 2009, before J.Randall LaFevor, Administrative Judge assigned by the Secretary of State,Administrative Procedures Division, sitting for the Commissioner of the TennesseeDepartment of Safety. Ms. Cynthia Gross, Metropolitan Attorney, represented theSeizing Agency. The Claimant was not present, either in person or through legal counsel. The subject of this hearing was the proposed forfeiture of the subject propertybased on allegations that its possession and/or use was in violation of the Tennessee DrugControl Act. (TCA §§ 53-11-201 & 40-33-201
) Upon the Claimant’s failure toappear at the hearing, counsel for the State made an oral motion for an order finding theClaimant to be in default, pursuant to TCA § 4-5-309. Upon full consideration of theevidence received at the hearing and the entire record in this case, the State’s motion wasgranted. The Claimant was found to be in default, and the claim filed in this matter wasstricken, as supported by the following Findings of Fact and Conclusions of Law.