Help participants change their identities or relocate.
Remove or delete existing public records.
Offer legal advice.
Relieve participants of their legal or financial responsibilities.
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.
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.
How can I apply for certification or continuing education credit?
You may obtain Form #SS-4507, Application for Certification of Municipal Clerks & Recorders and Continuing Education Credit, from our website or upon request from our office.
For certification, the application must be accompanied by a copy of the certificate(s) from the institution(s) at which the qualifications were completed. The certificate(s) (other than a degree) should indicate the number of hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content.
For continuing education credit, the application must be accompanied by a copy of the certificate(s) of attendance and a statement as to the number of credit hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content. Please note that the Division of Business Services does not pre-certify seminars for content applicability or for applicable credit hours. Applications are accepted by mail, fax or in person. Upon receipt and approval of an application, the Division of Business Services will issue to the applicant a certificate confirming the certification or continuing education credit.
What is a Nonresident Fiduciary?
A nonresident fiduciary is a person who does not reside in Tennessee, or a bank or trust company not authorized to do business in Tennessee, that is appointed by will, deed, trust agreement, court order or otherwise to serve as trustee of a corporate or personal trust, personal representative of an estate, guardian, conservator for an incompetent person, guardian for a minor or in any other fiduciary capacity.
Only certain types of individuals, banks or trust companies may serve as nonresident fiduciaries. Please consult Tennessee Code Annotated, Section 35-50-107 for a complete listing of qualified persons or entities.
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.
Who must be certified?
A municipality with a population of 1,500 or more according to the 1990 Federal Census or any subsequent Federal Census, which employs an officer or employee responsible for exercising any of the duties of Municipal Clerk & Recorder, must have at least one certified person. For other municipalities, certification is optional.
What must a Nonresident Fiduciary file with the Tennessee Secretary of State?
A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process. This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary.
The appointment document submitted to the Secretary of State must contain the following items:
The name of the specific trust, estate, or person for which the fiduciary has been appointed;
The name and out-of-state street address (including zip code) of the fiduciary;
A statement clearly designating the Tennessee Secretary of State as agent for service of process;
An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and
The date the document is signed.
The appointment document need not be in affidavit form or notarized.
The appointment document must be accompanied by a filing fee of $10.00. Please make checks or money orders payable to the Tennessee Secretary of State.
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.
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.