When can an organization begin selling tickets?
Organizations with an approved gaming event can begin selling tickets 120 days before the event.
Organizations with an approved gaming event can begin selling tickets 120 days before the event.
Poker games and/or tournaments, pull-tabs, punchboards, video lottery games, instant and online lottery games, keno, and games of chance associated with casinos including, but not limited to slot machines, roulette wheels, and the like. Events such as bingo or “casino nights” that are purely recreational in nature and in which participants are not required to pay to participate with the promise of a prize, jackpot, or “winner-takes-all” would not fall into this category.
Yes, however each participating organization must file an application and each pay the required fee. All applicants must qualify. If one organization fails to qualify, then participants will be rejected.
The nonprofit must file a notice with the Division stating the reason less than 25% was returned to its charitable purpose or program. If this happens in two (2) consecutive years, the nonprofit will be disqualified from applying or holding future gaming events for a period of five (5) years.
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.
The Division of Charitable Solicitations and Gaming maintains a list of approved events on its website at Gaming Events.
Raffles and games of chance are considered gambling, which is prohibited in Tennessee. However, certain charitable organizations are allowed to apply to have one raffle, reverse raffle, cakewalk or cakewheel each year if that event is conducted in accordance with the procedures set forth in the Tennessee Charitable Gaming Implementation Law.
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.
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.
If you do not attend your scheduled hearing, the ALJ may rule that you are in default and dismiss the case. If you want to challenge that ruling, you can file a Petition for Reconsideration , explaining why you missed the hearing.
The resolution of many cases may impose a fee on the petitioner. You should contact the government agency that was involved in your case for payment instructions. APD does not collect these fees and payment should not be made to APD.
Examples may include a fee to get a car or other property returned to you after it was seized by a law enforcement agency or a fee to have your professional license reinstated after it has been suspended.
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 or payment should, therefore, be addressed to the government agency involved in your case. Payment should not be sent to APD.
Service may be by mail, by electronic mail in the manner provided by the Tennessee Rules of Civil Procedure, or by hand delivery. See TENN. COMP. R.
No. An event is considered a raffle if someone must pay for a chance to win a prize and would be a violation of law. It does not matter that the payment is called a “donation.”
A qualified 501(c)(3) or 501(c)(19) organization is a group that has been recognized by the Internal Revenue Service (IRS) for at least five years as a tax-exempt organization and which has been in continuous and active existence in the State of Tennessee. 501(c)(3) and 501(c)(19) tax-exempt status can only be granted by the IRS. To learn more about the application process for tax-exempt status, please visit the IRS's web page for Charities & Nonprofits.
You should bring all of the documentation you have received since your appeal began, any witnesses you wish to question during the hearing, and anything you wish to introduce as an exhibit (with extra copies) at the hearing.
Please refer to the orders issued in your case for additional information.
For Tenncare and Safety cases, you typically do not have to file anything with APD before the hearing unless you are specifically directed to do so by the judge.
For other case types, you may be required to file a Witness and Exhibit List, or other documents as directed by the ALJ assigned to your case. Please refer to the orders issued in your case for specific information.
Please note, if the opposing party in your case files a motion, APD’s rules allow seven days for you to file a response to that motion.
If you wish to pursue mediation in addition to a due process hearing, you will be assigned two case numbers – one case number for your mediation and a different case number for your due process case. Two different ALJs will be assigned to the two tracks of your case – one ALJ for your mediation and a different ALJ for your due process case. This is to prevent statements that are made and discussions that may happen during the mediation from affecting the ruling of the ALJ in your due process hearing. If you have both a mediation and a due process case with APD, your due process case may be postponed until the conclusion of your mediation.
APD and our ALJs cannot give you legal advice. If you are debating between a hearing and mediation, you may want to seek legal counsel.
However, a few important things to know …
Mediation is an alternative method for trying to resolve a legal dispute, rather than going to a formal hearing, in which a mediator helps disputing parties reach a mutually agreeable solution to their differences in their case. If the parties request mediation, a different ALJ other than the one assigned to the due process case will serve as the mediator.
A hearing is a more formal legal proceeding, much like a trial in court. At the end of a hearing, either the judge or the board or commission will determine the outcome of the case.
If you are unable to attend your scheduled hearing, you will need to request a continuance. Preferably, you can first contact the opposing party to discuss your need for a continuance. If you can mutually agree upon a new date, then both parties can file a joint motion for continuance. If you are unable to contact the other party or are unable to reach a mutual agreement for a continuance, then you may file a Motion for Continuance with APD. Both a joint motion or an individual Motion for Continuance should include the specific reasons why the party or parties cannot attend the scheduled hearing and need a new hearing date. In both scenarios, it is up to the ALJ whether or not the request for a continuance will be granted.
Unlike cases in criminal court, you are not entitled to have an attorney appointed for your administrative case before APD. 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.
In some hearings, the judge alone will hear your case. The judge’s decision will be made in a written order which will be sent to both parties. In some hearings, your case will be heard by a board or commission that is sitting with the judge. In this type of hearing, the board or commission will determine the outcome of the case, while the ALJ makes legal rulings on procedure but does not decide the final outcome.
An administrative hearing involves a dispute over the administration or implementation of government laws and rules. An administrative hearing is conducted in basically the same way as a trial with both parties presenting evidence to an Administrative Judge or to a board or commission.