Help participants change their identities or relocate.
Remove or delete existing public records.
Offer legal advice.
Relieve participants of their legal or financial responsibilities.
Why is the Safe at Home program necessary?
Under the Tennessee Public Records Act, T.C.A. § 10-7-501 et. seq., all state or local government records are considered public and are available for public inspection and copying, unless specifically protected by other law. This means that any member of the public can request that a state or local government official allow them to inspect and/or take a copy of certain records, which may contain an another individual’s name, address, or phone number. This means that an abuser may be able to track or discover the residential address of a victim through public records. The primary goal of the Safe at Home Address Confidentiality Program is to prevent this from happening and provide victims of domestic violence and other crimes with a sense of security in their own homes and freedom from intimidation or further abuse.
What is a vital record?
Vital records document significant life events. Vital records include:
Marriage Certificates
Divorce Certificates
Birth Certificates
Death Certificates
What is the Safe at Home Address Confidentiality Program?
The Safe at Home Address Confidentiality Program is a statewide address confidentiality program administered by the Office of the Tennessee Secretary of State. It is open to all victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy eligibility and application requirements at no cost. Once a participant has been approved, they are provided with a ‘substitute’ address that can be used by them and their children as their official mailing address for all state and local government purposes, including public school or public benefits enrollment, subject only to a few limited exceptions.
Where can I request a vital record?
The Tennessee Health Department’s Office of Vital Records reviews, registers, amends, issues and maintains the original certificates of births, deaths, marriages, and divorces that occur in Tennessee in accordance with Tennessee Code Annotated.
Office hours are Monday – Friday, 8:00 am – 4:00 pm.
Tennessee Vital Records 1st Floor, Andrew Johnson Tower 710 James Robertson Parkway Nashville, TN 37243
Cases are opened with the Administrative Procedures Division (APD) by the state or local government agency for whom APD is hearing the case. An individual or business who wants to appeal a government agency’s ruling will file an appeal with that agency. The agency then refers that appeal to APD. Individuals do not open cases directly with APD.
For example, if a property owner wants to appeal their county property tax, the owner will file an appeal with the respective county’s board of equalization. If the property owner wants to appeal further, beyond the county, then the property owner will file an appeal with the State Board of Equalization. It is the State Board of Equalization that then refers the appeal and opens a case with APD.
For another example, if someone is denied coverage of a medical service by TennCare and wants to appeal that denial, that individual will appeal to TennCare. TennCare will then refer the appeal and open a case with APD.
There are two exceptions to this process: 1) an individual property owner and a municipality disagree as to whether the property has been annexed by the municipality (TCA 8-3-102). For these cases, the property owner or the municipality may file a complaint against the opposing party with the secretary of state. 2) a public official challenges a fraudulent lien against his or her property (TCA 47-9-513). For these cases, the office where the lien is being filed forwards the challenge to APD.
Where does APD get its authority?
Generally, APD gets its authority from the Tennessee General Assembly through the laws they adopt, specifically the Uniform Administrative Procedures Act (UAPA) (Tenn. Code Ann. § 4-5-101, et seq.) In addition, many Tennessee statutes require state agencies to comply with the UAPA in conducting certain types of cases. For example, the TEAM Act requires that certain state employee disciplinary cases be conducted in accordance with the UAPA (Tenn. Code Ann. §8-30-318) and the Department of Safety and Homeland Security must conduct procedures about property that might be forfeited to the State under the provisions of the UAPA (Tenn. Code Ann. §8-30-318). APD also contracts with local governments to conduct employee disciplinary proceedings and with colleges and universities to hold hearings required by Title IX.
Where can I file a complaint or share a concern?
If you want to appeal the decision made in your case, then you should follow the instructions given here and as attached to your order.
If you are concerned about the ethics, demeanor, or conduct of APD employees, including APD support staff or ALJs, then please send your complaint in writing to the Director of APD.
What is a Public Record?
“Public record or records’ or ‘state record or records’ means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.” T.C.A. § 10-7-301(6)
The test for determining whether a record is public is “whether it was made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.” Griffin v. City of Knoxville, 821 S.W. 2d 921, 924 (Tenn. 1991).
Who does APD work for?
APD is a division of the Tennessee Secretary of State’s office, which is within the Legislative Branch of Tennessee state government. APD employs a central panel of judges who are independent of the Executive Branch and the agencies whose cases are heard before them. This independence ensures that an extra layer of due process protection is afforded to all parties involved in each case.
Who pays for cases heard by APD?
APD is partially funded through the Secretary of State’s budget as allocated by the Tennessee General Assembly. In addition, APD charges government agencies $200 to open a case and $100 per hour, after the first two hours, for a judge’s time spent on an individual case. Each government agency and type of case may have specific rules that determine if and how that government agency may recoup some of the costs of a case from the other party.
APD considers cases from most state agencies, various city and county governmental agencies, and state universities resulting in over 430 different types of cases. On average over 8,100 cases are referred to APD each year. The majority of these cases involve property tax appeals, TennCare appeals, and appeals from the seizure of an individual’s assets.
What is the Records Management Division?
The Records Management Division (RMD) was established by Tennessee Code Annotated 10-7-303 to assist state agencies in establishing systematic controls for the efficient use and sound preservation of state records. The Division serves as the primary records management agency for the state of Tennessee and provides professional consultative and analytical records management leadership to agencies. This guidance aids in the appropriate development, utilization, disposition, retention, and destruction of records.
The Records Management Division is further directed by the Public Records Commission (PRC) to serve as administrative liaison between state agencies and the PRC; to establish procedural guidelines for paper and electronic records oversight and retention; and to coordinate efforts supporting the state's Paperwork Reduction and Simplification Act of 1976 (TCA 4-25-101).
What is the Records Disposition Authorizations process?
Records Disposition Authorizations (RDAs) are record retention guides state agencies follow to maintain their records properly. The Records Management Division oversees the records management process. The Secretary of State’s office online RDA filing system provides users with an easy way to filter, search, and find RDAs and provides retention and destruction method information. Click here to search all effective RDAs.
How do I contact other State Agencies?
For some questions you may have regarding your case, you may be instructed that your question is better directed to the government agency that is the opposing party in your case rather than to APD. You should direct those questions to the opposing attorney who represents the government agency or contact the government agency using the contact information contained in your Notice of Hearing or Notice of Hearing and Charges.
One example may be a question regarding how you are to pay the cost for your case. APD charges each government agency based upon the hours spent on each case. Each government agency has different rules and policies on if they can then in turn charge the petitioner. If you have been billed for your case, you would have been billed by the government agency involved in your case, not by APD. Questions regarding those charges should, therefore, be addressed to the government agency involved in your case.
Who do I contact when making a public records request
State agencies are required by law, T.C.A 10-7-503(a)(2)(B), to have a designated Public Records Request Coordinator. This person is the designated contact for receiving public records requests. Contact the appropriate agency’s coordinator to request access to that agency’s records. If you have further questions or need additional assistance, contact: Office of Open Records Counsel