Tennessee § 40-33-217 - Attorney's fees.

§ 40-33-217. Attorney's fees.

Upon entering an initial order which includes a return of property, in whole or in part, the administrative law judge shall also include an award of attorney's fees against the seizing agency subject to the limits in subsection (c). No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties. No award of attorney's fees under this section shall exceed the lesser of the following, as may be applicable to the case: Twenty-five percent (25%) of the National Automobile Dealers Association rough trade-in value of any motor vehicle seized and returned; Twenty-five percent (25%) of the value of any currency seized and returned; Twenty-five percent (25%) of the reasonable replacement value of any miscellaneous personal property seized and returned; Three thousand dollars ($3,000); or If multiple types of property are returned, a combination of the amounts in subdivisions (c)(1)-(3), provided that the total amount of attorney's fees awarded shall not exceed three thousand dollars ($3,000). The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section. Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney's fees for that specific action. For the purposes of this section, “seizing agency” means the agency that issued the Notice of Seizure pursuant to § 40-33-203. Notwithstanding § 40-33-211, § 53-11-201, or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section. Acts 2018, ch. 772, § 10. Effective Dates. Acts 2018, ch. 772, § 11. October 1, 2018.