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.
What happens to mail sent to the substitute address?
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.
What is a vital record?
Vital records document significant life events. Vital records include:
Marriage Certificates
Divorce Certificates
Birth Certificates
Death Certificates
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
No, the State of Tennessee only offers notaries and remote online notaries.
I work for an agency, how many days before a Rulemaking Hearing must I file a notice?
We recommend filing a Notice of Rulemaking Hearing 52 days prior to the hearing.
The T.C.A. requires a notice to be posted 45 days prior to a hearing. In addition to the 45 days, our office is allotted 7 days to process your agency’s notice prior to posting it online.
I have a question about the rule filing process, who can I contact?
There are a lot of moving parts when it comes to filing notices and rules and we are here to help answer your questions! Our Rulemaking Guidelines packet can be a helpful resource to obtain general information about the filing process.
I have a question regarding a posted rule online, who can I contact?
While the Secretary of State’s office is responsible for receiving and posting agency rules and regulations, we are not qualified to answer questions pertaining to rule content.
You can visit the Effective Rules table here. General contact information can be found at the bottom of each Authority’s rules page.
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).
What is the fee that can be charged for an online notarization?
The staff of the Tennessee State Library and Archives affirms its ongoing dedication to treating all people with respect and dignity. Libraries and archives have a long history of working to provide equal access to resources and services for all communities. We also recognize our duty to achieve an archival collection that reflects the experiences of Tennessee’s diverse population from urban to rural, farm to factory, and across the demographic spectrum. We acknowledge that our work in this area is never complete and remain available to community partners from every part of our society. We will continue to apply the highest standards of professionalism and respect in our work as we welcome visitors and develop new ways for Tennesseans to access information and interact with their historical records. As individuals we stand with all persons seeking justice and an end to any discriminatory practice that undermines the value of human life.
COVID-19 Policies
Per state and local guidelines, face coverings are now optional for the public and staff. Staff will continue maintaining the recommended six feet distance when interacting with visitors.
Briefcases, bags, totes, purses, and notebooks are subject to examination by a staff member when entering or leaving the Reading Room.
Lockers are available for patrons to store belongings during their visit. The Library & Archives is not responsible for any personal items left unattended. Visitors using original manuscripts will be required to leave their belongings in a locker.
Backpacks must be stored in a locker. If a backpack is too large to fit in a locker, then it must either be locked in the patron's vehicle or stored in the main lobby while using Library & Archives materials.
I'm registered with multiple vendors; do I have to update my remote online notary information with all their information?
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.
How do I apply?
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.
Are participants able to be selected for jury duty?
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.
Where can I find a Certified Application Assistant?
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.
What are the online notary seal requirements?
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.
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Do you have a list of approved third-party vendors for Online Notaries?
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.
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.
Who is not eligible to participate in the program?
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.
What is an Online Notary Public?
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.
When Can the Substitute Address be Used?
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.
Who can apply to the Safe at Home program?
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
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
Can public utilities ask participants for their residential street address?
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.