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.
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.
Where can I file a complaint or share a concern?
If you want to appeal the decision made in your case, then you should follow the instructions given here and as attached to your order.
If you are concerned about the ethics, demeanor, or conduct of APD employees, including APD support staff or ALJs, then please send your complaint in writing to the Director of APD.
How do I change my business address?
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
Who does APD work for?
APD is a division of the Tennessee Secretary of State’s office, which is within the Legislative Branch of Tennessee state government. APD employs a central panel of judges who are independent of the Executive Branch and the agencies whose cases are heard before them. This independence ensures that an extra layer of due process protection is afforded to all parties involved in each case.
Can I search the Motor Vehicle Temporary Lien database?
Click here for the Motor Vehicle Temporary Lien database.
What happens if I file a Title III (HAVA) complaint?
Complaints must be filed on a Title III HAVA complaint form. Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
All complaints must be in writing, notarized, signed, and sworn to by the complainant. The complaint may be filed with either the Coordinator of Elections or the local county election office.
Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
A complainant may request a hearing on the record.
The Coordinator of Elections or designee will gather information which may include written responses from the parties. Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
A final determination must be made within 90 days of the complaint being filed. Only the complainant may agree to extend this period of time.
If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution. All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.
Does my complaint qualify as a Title III HAVA complaint?
Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure. This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.
A violation of Title III would include issues dealing with the following HAVA sections:
voting system standards
provisional voting
voter information requirements
statewide voter registration database and
accessibility for persons with disabilities
If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.
Who pays for cases heard by APD?
APD is partially funded through the Secretary of State’s budget as allocated by the Tennessee General Assembly. In addition, APD charges government agencies $200 to open a case and $100 per hour, after the first two hours, for a judge’s time spent on an individual case. Each government agency and type of case may have specific rules that determine if and how that government agency may recoup some of the costs of a case from the other party.
How do I record a Motor Vehicle Temporary Lien?
A Motor Vehicle Temporary Lien may be obtained by filing the following information:
A completed Application for Motor Vehicle Temporary Lien, form SS-4258;
Payment of the $10 filing fee
Once the application has been processed a cover letter and the form will be returned for your records.
APD considers cases from most state agencies, various city and county governmental agencies, and state universities resulting in over 430 different types of cases. On average over 8,100 cases are referred to APD each year. The majority of these cases involve property tax appeals, TennCare appeals, and appeals from the seizure of an individual’s assets.
Where do I send the Title III (HAVA) complaint form?
For some questions you may have regarding your case, you may be instructed that your question is better directed to the government agency that is the opposing party in your case rather than to APD. You should direct those questions to the opposing attorney who represents the government agency or contact the government agency using the contact information contained in your Notice of Hearing or Notice of Hearing and Charges.
One example may be a question regarding how you are to pay the cost for your case. APD charges each government agency based upon the hours spent on each case. Each government agency has different rules and policies on if they can then in turn charge the petitioner. 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 should, therefore, be addressed to the government agency involved in your case.
What is an Administrative Dissolution?
An Administrative dissolution occurs for the following reasons:
Failure to file an annual report
Being without a registered agent
A foreign entity fails to maintain its assumed name due to a name conflict
Returned payment by a financial institution
Where do I find the law for the Motor Vehicle Temporary Lien program?
The law relating to the Motor Vehicle Temporary Lien program is found in the Tennessee Code at §55-3-126(f). You can access the Tennessee Code at: Michie/LexisNexis.
Where do I mail my Motor Vehicle Temporary Lien application?
Tennessee Secretary of State
Division of Business and Charitable Organizations
MVTL Section
6th Floor, Snodgrass Tower
312 Rosa L. Parks Avenue
Nashville, TN 37243
What is a Certificate of Existence?
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Where do I find the application to file a Motor Vehicle Temporary Lien?
Click Here to prepare or file the application online.
When does a Motor Vehicle Temporary Lien terminate?
A temporary lien properly filed with the Business Services Division automatically terminates after 180 days or upon being otherwise perfected, whichever occurs first. After 270 days, the temporary lien documents are purged from the filing system and destroyed.
An assumed name is a name other than the true entity name under which it conducts business. Tennessee does not recognize 'DBAs' (doing business as) or fictitious names. The assumed name is good for 5 years and can be renewed.