‘Don’t want exemption, exception’ unless all benefit, reporter tells judge
In discussing provisional registration, I tell revenue hearing officer I intend to get a ruling on the law and don't want a mere private escape
CHATTANOOGA, Tenn., Tuesday, Nov. 7, 2022 — In my bid to overturn abusive enforcement of the financial responsibility law in Tennessee against millions of motorists I am insisting on no special treatment or exemptions.
By David Tulis / NoogaRadio Network
Administrative court judge Brad Buchanan, head of the appeals section in the department of revenue, says he can grant a temporary injunction over my suspended tag. But he says I first should make it explicit in my notice of appeal that I am demanding a restoration of the privilege. The tag is evidence of a tax paid for the purpose of converting my 2000 Honda Odyssey minivan from an automobile or car into a motor vehicle, subject to Title 55, motor and other vehicles.
BUCHANAN “The only thing I can contemplate is the stay of execution on your revocation of registration. But you have to make a motion for that. But what I don’t see in your petition is a request that I restore your registration. Is that right that you are seeking, in whatever the appropriate venue is?
TULIS Yes, that is something that I am seeking. But I have as a representative of the public I have larger things than just my personal interest. It’s important for me that this issue can be fought, OK, that this issue can be settled, and I have no, I do not want to just have my registration restored. That would not be proper, absent a finding about the law. I don’t want an exemption, I don’t want exception, Mr. Buchanan and Miss Cline. I don’t want any kind of favor to me. If I get it — if I get my registration restored, that’s because the department is being forced to understand what the statute says, and everybody will have benefit. I do not – since revocation has happened, and I’ve been injured — I have to have that in place [standing]. I will not give that up. I will not accept. And I would challenge any effort to give me back my registration absent a finding in the court, or the courts, that this is a barbaric abuse of the people in Tennessee *** that there is a recognition that that’s what the law really says.”
He will state his findings of fact and conclusions of law. “If I concluded that you are entitled to the restoration of your registration, I would explain my legal reasoning for that. So that is kinda part and parcel. But I can’t do one without the other.”
That is the only act he can do, is restore the registration, subject to judicial review in Davidson County chancery court. Right now I am choosing proposed dates for the next hearing that will get into the question of notice for deposition, motion to quash, and other pre-hearing matters of discovery.