Help participants change their identities or relocate.
Remove or delete existing public records.
Offer legal advice.
Relieve participants of their legal or financial responsibilities.
Are notary commissions assigned numbers?
The State of Tennessee does not assign numbers to Notary Commissions.
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.
A Notary is a position created by state law allowing individuals, as state public officials, to:
Acknowledge signatures upon personal knowledge or satisfactory proof
Administer oaths
Record and/or transcribe depositions
Confirm the authenticity of signatures on affidavits.
What is the liability of a notary?
Tennessee statutes provide that if a notary who takes acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of a notary, he or she shall forfeit and pay the sum of $100 for the use of the county of the notary’s residence and shall, moreover, be liable to the party injured for all damages, including costs, the party may sustain by the notary’s failure or refusal to discharge the statutory duties. T.C.A. § 66-22-113. Such action can be based on the negligence or misconduct of the notary. Other penalties for misconduct are discussed elsewhere in this publication. Liability is not limited to the amount of the statutorily mandated bond. Professional liability insurance may be available for a notary public.
What if I move out of Tennessee?
If a notary moves out of the State of Tennessee and has neither a residence nor a principal place of business, then the notary is no longer qualified to act as a Tennessee notary public and must surrender his or her commission and stamp to the county clerk's office. T.C.A. § 8-16-110
How is a case initiated?
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.
What are the notary statutes?
T.C.A. § 8-16-101 and T.C.A. § 8-18-101
What fee can a notary charge for their services?
According to Tenn. Code Ann. § 8-21-1201, “Notaries public are entitled to demand and receive reasonable fees and compensation for the notaries public's services.”
Where does APD get its authority?
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.