People also ask
The program does NOT:
- Help participants change their identities or relocate.
- Remove or delete existing public records.
- Offer legal advice.
- Relieve participants of their legal or financial responsibilities.
Tennessee Rule 1360-07-03-.03 states
- The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
- A backup of the electronic records shall also be maintained for five years following the date of the notarization.
- A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
- The original records and backup shall be protected from unauthorized use.
The Safe at Home Program will receive all first class and certified mail sent to the substitute address and then forward that mail to the participant at their designated mailing address.
Contact information for APD is provided here
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.
No, the State of Tennessee only offers notaries and remote online notaries.
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.
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.
Military personnel, their family members and overseas voters (UOCAVA voters) may receive their absentee ballot via e-mail or by-mail upon request. UOCAVA voters may track when the ballot was received by their local county election commission office. The voted ballot must be received by the local county election commission office by the close of polls on election day to be counted. Please see our complete guide on How to Vote Absentee for Military and Overseas Voters.
A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.
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.
Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies. You have the option to add new vendor technologies in your dashboard for free. The same documents are required to be uploaded.
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.
The Office of the Secretary of State has developed an application form that must be used to apply for the program, which captures all required information and must be completed with the assistance of a Certified Application Assistant, who must also sign the application. The application must be submitted to the Safe at Home Program by a certified application assistant.
For more information see our Applicant Guide.
If you are a party in the case, please email apd.filings@tnsos.gov with your request. If you are not a party in the case, then you can submit a public records request.
Program Participants are not subject to selection for state or municipal jury duty. T.C.A. § 40-38-607.
Program participants should not appear on state or municipal jury selection lists. If a program participant is selected for jury service, the summoning court should excuse the program participant.
If a program participant receives a jury summons for either state or municipal jury duty, the Participant must notify the summoning court of the participant's exempt status and provide a copy of the Participant's Certificate of Program Participation, if requested.
Participants may not fail to respond to a jury summons.
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.
No. The voter will receive absentee ballots for all regularly scheduled elections for the calendar year in which the request is submitted.
Note that it is the voter’s responsibility to keep the local county election office informed of any changes of address. The ballots will be mailed or e-mailed, depending on the choice of the voter, to the address that is originally submitted to the local county election office until further notice from the voter.
Applications may be received no earlier than January 1 of the year in which the election is to be held unless the election is to be held less than ninety (90) days after January 1 of the calendar year. In that case, the application may be received no earlier than ninety (90) days before the election and no later than seven (7) days before the election.
Certified Application Assistants work with various state and local agencies and/or nonprofit agencies that provide counseling and shelter services to victims of domestic abuse and other crimes. At list of Certified Application Assistants can be found here. Safe at Home is most effective as part of an overall safety plan. Additional information regarding safety plans can be found here.
In accordance with Tennessee Rule 1360-07-03-.04, an online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public's name as it appears on the commission printed at the top, the county of election printed at the bottom, the words 'Tennessee Notary Public' printed in the center, and the words "Online Notary Public" printed below. The electronic seal must also be accompanied by a statement of the date upon which the online notary public's commission expires.
No, the Tennessee Secretary of State does not recommend nor endorse any third-party vendors. Whatever platform you choose should provide identity proofing, credential analysis, and storage for your video recordings of notarial acts. It should also be capable of attaching your electronic seal, electronic signature, and electronic notarial certificate to an electronic document.
The voted ballot must be received by mail by the close of the polls on election day. If the ballot is rejected, the registered voter will be notified that the ballot was rejected and why the ballot was rejected.
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.
No. If you meet the qualifications to register to vote in Tennessee but have not registered prior to requesting an absentee ballot and you fall into one of the above categories, your application for absentee ballot will be treated as an application for temporary registration.
Normally, an individual who registers to vote by mail must appear in person in the first election the person votes in after such registration becomes effective. This provision is waived in the case of military personnel, their family members, or overseas citizens. However, since this is only a temporary registration, once you are no longer eligible to vote under this provision of the law, you must complete a voter registration form and submit the form to your local county election commission prior to voting in any subsequent election.
If you are a registered voter prior to requesting an absentee ballot under this provision, the above information does not apply to you.
Tennessee allows you to receive an absentee ballot by mail or e-mail. Please indicate how you would like to receive your absentee ballot on your request. If you indicate e-mail, provide your e-mail address (on the Form 76 your e-mail address should be provided in Block 2) with the request. If you do not indicate how you want your absentee ballot sent, the absentee ballot will be mailed. Tennessee does not allow you to receive your absentee ballot by fax.
Any person who is required by law to be registered under any of the following is not eligible to participate in the program:
- Tennessee Sexual Offender and Violent Sexual Offender Registration Verification and Tracking Act of 2004, compiled at Title 40, Chapter 39, Part 2;
- Tennessee Animal Abuser Registration Act, compiled at Title 40, Chapter 39, Part 1
- Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled at Title 68, Chapter 11, Part 10; or,
- Drug offender registry under Tennessee Code Annotated § 39-17-436.
If a voter notifies the election commission that he or she has “spoiled” a ballot or has not received the ballot, the election commission shall note on the records that subsequent supplies have been sent and supply the voter with subsequent voting supplies.
After timely requesting an official absentee ballot, Armed Forces personnel and overseas voters who feel that there may not be a sufficient amount of time to receive and then return the voted ballot may also use the Federal Write-In Absentee Ballot (FWAB).
Instructions for completing an FWAB, the FWAB ballot and envelopes may be found at FVAP.gov.
Note: If both ballots are received prior to the close of the polls on election day, the county election commission will count the official ballot it provided to the voter.
In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State. The steps which must be taken for a notary to perform online notarizations can be found in the Online Notary Public Guide.
- Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- Wherever a program participant is required by law to establish residency, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- The substitute address may be used for motor vehicle records and may be printed on a drivers license. T.C.A. § 40-38-602.
- The substitute address may also be used as your official mailing address for all public utilities and public utility service providers. T.C.A. §§ 40-38-602, 606.
- Participants may also request that private entities use the substitute address, although they are not required to do so.
An individual should consider applying if they are victims of domestic abuse, stalking, human trafficking, or any sexual offense, who:
- are attempting to escape an abuser, stalker, or other aggressor;
- are currently residing in a domestic violence shelter or other crisis shelter;
- are currently temporarily residing with family or friends;
- have moved to a new home within the previous 30 days;
- have children; or
- rely upon, or will need to rely upon, public assistance programs.
The application can be completed by:
- Any adult may apply on their own behalf
- A parent may apply on behalf of their minor child
- A fiduciary, such as a guardian or conservator, may apply on behalf of a minor or a person with a disability
Program participants may be required to provide their residential street address to a public utility service provider for the purpose of obtaining utility services. However, participants can request that their residential address be treated as confidential by presenting the public service utility with a certificate of program participation.
After doing so, the public utility service provider must treat the residential address and all other identifying information as confidential in accordance with the Tennessee Public Records Act, compiled at Title 10, Chapter 7, Part 5.
A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.
With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:
"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."
Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.
A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.
- The name of your vendor and a description of the technologies it uses to provide the services listed in the Tennessee Rules [1360-07-03-.02(h), (i), (l ), (m), (n)]
- An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;[1360-07-03-.03(12)]
- A copy of your unique electronic seal; [1360-07-03-.03(k)]
- A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
- A copy of the instructions or techniques supplied by the vendor that allows the online notary public's electronic notarial certificate to be read and authenticated;[1360-07-03-.04(8)]
- A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis. [1360-07-03-.02(m)]
Private businesses are not required by statute to accept a Safe at Home Participant's substitute address. However, private companies or agencies are encouraged to make every effort to keep a participant’s information safe by accepting the substitute address whenever possible. If agency or business employees have questions about using the substitute address, they may contact the Safe at Home Program directly.
- When listing, appraising, or assessing property taxes;
- When collecting property taxes;
- On any document related to real property recorded with a county clerk or recorder.
- Participants should always use the substitute address when interacting with a state or local government entity, whether on their own behalf or on behalf of their children. Participants should never disclose their confidential address, unless required by law to do so.
- Participants should always notify the state or local government official or entity with whom they are interacting that they are a program participant and that their residential address is confidential.
- Participants should always be prepared to provide officials with a copy of their program participation certificate.
- If a Participant has filed paperwork with a state or local government entity using their confidential address within 30 days prior to their application for program participation, the participant should immediately contact the state or local agency to notify them of the Participant's participation certification, provide a copy of the Participant's Certificate of Program Participation, and request that the participant's confidential address be protected.
- If a Participant is asked to verify their residential address for purposes of enrolling either themselves or their minor children in a public school, the Participant should provide the school with a copy of their Certificate of Program Participation and your substitute address. Then, direct school officials to contact the Office of the Secretary of State for further verifications in accordance with T.C.A. §§ 40-38-602, 606.
- Participants should provide their Public Utility Service Providers (electric, water, and gas, etc.) with a copy of their Certificate of Program Participation and their substitute address, and then request that the Public Utility Service Provider keep their residential address confidential. These requests should be presented to the Public Utility Service Provider's records custodian.
Program Participants must vote by absentee ballot. T.C.A. § 40-38-607.
Program participant absentee ballots must be treated as confidential and must be processed confidentially by the Administrator of Elections. Program participants shall appear in the statewide official voter registration list only by the Participant Identification Number.
In e-notarization, the notarization uses digital signatures but must occur in the physical presence of the notary, similarly to a traditional/pen and paper notarization. In remote notarization, the person is not in the physical presence of the notary but is present through audio and visual equipment such as a webcam.
As authorized by law, properly designated law enforcement agency officials and administrative agency officials may request disclosure of information relating to a program participant. T.C.A. § 40-38-609. What information may be available to law enforcement or administrative agency officials?
- Properly designated law enforcement agency officials and administrative agency officials may request confirmation of program participation pertaining to a supposed program participant.
- Properly designated law enforcement agency officials and administrative agency officials may request disclosure of information pertaining to a program participant, including the confidential address, subject to the discretion of the Secretary of State. Program Participants may be entitled to prior notice and appeal rights.
- Disclosure of a participant’s confidential address, or any other information contained within a program participant’s file, shall be limited to ensure that the disclosure and dissemination of the confidential address will be no greater than necessary for the specific purpose for which it was requested.
The third-party vendor you have chosen should provide you with the certificate.
The portion of a notarized electronic document that is completed by the notary public, bears the notary public's electronic signature and official electronic seal, official title, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.