If you disagree with the judge’s decision in your case, you may file a Petition for Reconsideration (PFR) or an appeal. Usually, a PFR is decided by the judge who initially heard your case. If you appeal an Initial Order, the case will go back to the agency where the case started for a decision and that agency will issue a Final Order. A Final Order (whether issued by the ALJ or the agency) may be appealed through the courts, usually starting with Chancery Court. All Initial and Final Orders will have specific information about how to file a PFR or an appeal. Different cases have different rules about when and where you can file a PFR or an appeal so you MUST check the Notice of Appeal Procedures attached to your order.
If you wish to contact the ALJ assigned to your case, you may email the ALJ. However, you must also include the other parties in the case on your email. Failure to include the other parties in your email is inappropriate ex parte communications. If you do not have contact information for the ALJ assigned to your case, please contact APD.
How do I find deeds?
The Tennessee State Library and Archives has microfilmed copies of older deeds for every county in Tennessee. The deeds records are arranged by the name of the seller/buyer (grantor/grantee). We do not have a means to search for a deed record by knowing the area, address, or longitude & latitude of the property. Information for ordering deed records can be found in Ordering Records. To see inventories of what deed year coverage we have for each county, see our county inventories of microfilmed records.
When a deed search is requested, we follow these procedures:
We locate the cumulative index (if available), usually in a book separate from the deed books. If there is no cumulative index, we use the index appearing in each volume of deeds.
We check to see if the index indicates the date of the deed. If it does, we search the portion of the index covering the dates requested for the name requested.
If the dates are not shown in the index entries, we determine which deeds books were in use during the dates requested in the search. For example: if the request is for a deed dated 1860-1865, and we find that Deed Book C covered 1856-1861 and Deed Book D covered 1861-1866, we would search that portion of the index that includes entries for Deed Books C and D.
Within the time period requested, we look for deeds matching the name of the person requested. Both grantor (seller) and grantee (buyer) indexes are searched. Deed indexes are not always completely alphabetized, but only grouped under each letter of the alphabet. For example: to locate deeds for Jasper Bates, we scan the entire letter & #8220;B” in the index.
If an entry matching the request is found, we copy the deed and mail it to the client.
If more than one matching entry is found, we copy the index pages containing them and mail them to the client, with instructions to select one to be copied at the standard fee.
If no related entry is found, we advise the client that the index was searched, indicating the dates covered by the search.
Deeds are not always recorded in the year they are written, so a deed written in 1865 but not recorded until 1875 will not be located using this search strategy. We have no way of ascertaining whether a deed was recorded when it was written. Name of grantor is not always the expected name; some properties are sold by power of attorney, sheriff or court clerk to satisfy a legal judgment, so the deed would be indexed under the name of that person.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
Generally, hearing decisions are rendered within 90 days from the date the record closes, however, there are many exceptions based on the type of case and whether a rule or statute specifically addresses decision timelines. More specific information about when a decision will be made in your case may be discussed with the ALJ during your hearing.
The Library and Archives will, for a fee, search a five year date span in the indexed minutes from the County or Quarterly Court, Circuit Court, or Chancery Court. Please go to Ordering Records for instructions on ordering a court record.
The records at the Tennessee State Library and Archives are open to the public. You are welcome to come in 8:00am - 4:30pm (Central Time) Tuesday through Saturday to search the court records yourself & make your own copies for research. Please see the Tennessee State Library and Archives Visitors Page for information on directions, parking, and holiday hours.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
Where are APD cases heard?
APD conducts hearings and mediations in all 95 counties across Tennessee. These hearings or mediations may be held in-person, by telephone conference call, or by video conferencing, depending upon the case type and the needs of the parties.
Where is my hearing?
Information regarding the location for your hearing should be contained in your Notice of Hearing, Notice of Hearing and Charges, or Scheduling Order. If you cannot find that information, you can call APD to ask.
I already missed my hearing. Now what happens? Can I get another hearing?
If you missed your hearing, you can contact the opposing party or APD to ask about the status of your case. As a result of your absence, the ALJ may have already ruled that you are in default and dismissed the case. Or, the ALJ may have continued the hearing to another date. Either way, you should receive a written order explaining the ALJ’s ruling. If your case has been dismissed and you want to challenge that ruling, you can file a Petition for Reconsideration, explaining why you missed the hearing.
Do you offer hearings in other languages besides English? How can I participate in my case if I don’t speak English as my primary language?
APD does not offer hearings or mediations in other languages besides English nor does APD directly employ translators or interpreters. However, typically, the government agency involved in your case will provide an interpreter for a pre-hearing conference, mediation, or hearing if an interpreter is needed and requested. If you are having a hard time fully understanding all that is being discussed in your case, you should request that an interpreter be provided.
To request interpretation services, please notify the judge assigned to your case. If you do not yet have a judge assigned to your case, you can notify APD that you need translation services by emailing apd.filings@tnsos.gov or by calling 615-741-7008. Please note, if you call by telephone, APD does not have the ability to answer the call in other languages besides English.
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.
What is TSLA Record Certification?
If needed, the Library and Archives can certify a copy of a record held in our collection. There is a fee of $5.00 to certify one copy of the document, in addition to the initial search fee. If you wish for more than one copy of a record to be certified, each additional certification is $5.00.
If you think certification may be needed, please indicate this when the initial copy order is placed, as we cannot certify after-the-fact any copies that have left our facility. We cannot certify copies of items that we have not copied ourselves. If you decide at a later date that you need items certified that you have already received, we will have to charge you for the order a second time and re-copy all the materials.
The Library and Archives cannot certify electronic copies (scans) of documents.
If you pay in advance for a record search and certification and the record is not located, neither the search fee nor the certification fee are refundable. For this reason, when searching for a record that you wish to have certified, the Library and Archives suggests that you use our downloadable forms and pay by credit card. If you pay by credit card and a record is not located, then you will not be charged the additional $5.00 certification fee.
Is Training available for Application Assistants?
Training is available via WebEx. Please contact Safe at Home directly for scheduling.
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.
Do private businesses have to accept a Safe at Home Participant's substitute address?
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.
How is an Administrative Law Judge (ALJ) assigned to a case?
Generally, ALJs are initially assigned to individual cases either by rotation or randomization, depending on the case type. Those case types with a larger volume of cases before APD are randomly assigned amongst the pool of judges. For these case types, if a hearing is continued or rescheduled, the case may be reassigned to another ALJ. Case types with a smaller volume of cases before APD are assigned by rotation amongst the ALJs. If a hearing is rescheduled for one of these cases, the case usually stays with the initial ALJ.
When can the Substitute Address NOT be used?
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.
Do I need an attorney or may I represent myself?
You may represent yourself. You are not required to have an attorney and you are not entitled to have an attorney appointed for you. You may, however, hire an attorney to represent you at your own expense.
Cases before APD are official legal proceedings and they can be complicated. We understand that, and we try to make the process, hearings, and orders as straightforward as possible. However, we also encourage those with complicated cases and who cannot afford an attorney to reach out to your local bar association or Legal Aid Society in your county or region.
Regarding businesses that may be a party in a case … if you are the owner of a sole proprietorship, you may also self-represent your business. If a party in a case is a separate legal entity, such as an LLC or corporation, representatives of those business entities may testify in hearings. However, those representatives may not act as an attorney for cross-examination of witnesses, make opening or closing statements, etc.
How do participants vote?
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.
What information relating to a participant may be available to law enforcement or administrative agency officials?
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.