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, approximately 6,000 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.

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.

APD is a division of the Tennessee Secretary of State’s office, which is within the Legislative Branch of the 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.

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. § 40-33-210).  APD also contracts with local governments to conduct employee disciplinary proceedings and with colleges and universities to hold hearings required by Title IX. 

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.  

Commitment of Respect

The staff of the Tennessee State Library and Archives affirms its ongoing dedication to treating all people with respect and dignity. Libraries and archives have a long history of working to provide equal access to resources and services for all communities. We also recognize our duty to achieve an archival collection that reflects the experiences of Tennessee’s diverse population from urban to rural, farm to factory, and across the demographic spectrum. We acknowledge that our work in this area is never complete and remain available to community partners from every part of our society. We will continue to apply the highest standards of professionalism and respect in our work as we welcome visitors and develop new ways for Tennesseans to access information and interact with their historical records. As individuals we stand with all persons seeking justice and an end to any discriminatory practice that undermines the value of human life.

All Library & Archives patrons are required to present a state or federal ID card (such as a driver's license) prior to entering the Reading Room. Patron library cards provide access to the second floor Reading Room.

Lockers are available for patrons to store belongings during their visit. The Library & Archives is not responsible for any personal items left unattended. 

Briefcases, bags, totes, purses, and backpacks must be stored in a locker. If a backpack is too large to fit in a locker, then it must either be locked in the patron's vehicle or stored in the main lobby while using Library & Archives materials. Laptops and cell phones are permitted.

Food and drink are not allowed in the Reading Room. Visitors may store any food or drink items in the patron lounge on the first floor.

Pens are also not allowed in the Reading Room, but pencils are available for patron use during research.

The Library & Archives provides free patron parking in its garage. To access the garage, patrons must obtain a library card at the first-floor receptionist desk.

First-time patrons may temporarily park in the parallel street parking on Rep. John Lewis Way N. After receiving an activated library card from the security receptionist, patrons should move their vehicles to the garage via the ramp on Jackson Street/Junior Gilliam Way.

On weekends, visitors may also park free in the state employee parking lots around the Bicentennial Capitol Mall State Park.

Sign up HERE to participate in the mock election.

The point of contact designated for each school will receive instructions on how to report your school’s results through our website.

All Tennessee schools can participate including public, private and home school associations in grades PreK – 12. 

The Secretary of State’s office will provide printable mock ballots. However, schools may conduct a mock election in whatever manner works best for their students.

You can still participate! We encourage students who are part of a homeschool association to conduct a mock election and report their results.

If you are a party in the case, please email apd.filings@tnsos.gov with your request. If you are not a party in the case, then you can submit a public records request.

A “Catastrophic Illness Trust” is defined as a trust or custodial account established to benefit those with a catastrophic illness, or a severe illness requiring prolonged hospitalization and/or doctors and medicines. Trustees or a bank or trust company acting as trustee are required to provide notice to the Division of Charitable Solicitations on establishment of the trust. This notice is required before soliciting donations in the State of Tennessee.

The trustees, other than a bank or trust company acting as trustee, are also required to file with the Division of Charitable Solicitations an annual accounting of the trust on the anniversary of the establishment of the trust. This accounting must include all revenue and expenditures of the trust. The trustees must keep true and accurate financial records of the trust for no less than three (3) years. In addition, the Secretary of State may compel additional production of documents, exhibits, or things by any person which the Secretary believes to be pertinent in conducting any investigation.

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 support staff or judges, then please send your complaint in writing to the Director of APD. 

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.

Contact information for APD is provided here

• State and local government: Agencies distributing federal assistance or entities distributing federal assistance to the state or local government entity.
• Higher education: college, university, or other post-secondary institution
• Local education agency or system of vocational education, or other school system
• An entire corporation, partnership, or other private organization, or an entire sole proprietorship
• The entire plant or private corporation or other organization which is a geographically separate facility to which federal financial assistance is extended.

Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:

• Accessibility for all persons
• Infrastructure development
• Accountability in public funds expenditures
• Minority participation in decision making
• Disparate impact
• Program service delivery
• Economic empowerment
• Public-Private partnerships in part or whole with public funds
• Environmental Justice
• Site and location of facilities

To ensure the broad, institution wide application of Title VI and other civil rights statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies the definition of “programs and activities” covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency or institution receives Federal financial assistance.

Examples:

1. (A) a department, agency, special purpose district, or other instrumentality of a state or local government; or (B) the entity of such state or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government;
2. (A) a college, university, or other postsecondary institution, or a public system of education; or system of vocational education, or other school system.

Title VI applies to discrimination throughout an agency, not just to actions involving the federally assisted program. Therefore, if an agency receives any federal financial assistance for any program or activity the entire agency is required to comply with Title VI, not just that particular program. Example: The Harriet Tubman Express program receives money from HUD, the agency /division that Harriet Tubman Express programs are under (Health Services) must also be in compliance with Title VI rules and regulations.

• Does not apply to Federal assistance provided through insurance or guaranty contracts, (e.g. FHA loan insurance).
• Does not apply to employment, except where employment practices result in discrimination against program beneficiaries or where the purpose of the Federal assistance is to provide employment.
• Does not apply to direct benefit programs such as Social Security.
• Does not apply only to contracts and set-aside programs.

• Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color or national origin.
• Prohibits entities from providing a different service or benefit or providing these in a different manner from those provided to others under the program.
• Prohibits segregation or separate treatment in any manner related to receiving program services or benefits.
• Prohibits entities from requiring different standards or conditions as prerequisites for serving individuals.
• Encourages the participation of minorities as members of planning or advisory bodies for programs receiving federal funds.
• Prohibits discriminatory activity in a facility built in whole or part with Federal funds.
• Requires information and services to be provided in languages other than English when significant numbers of beneficiaries are of limited English speaking ability.
• Requires entities to notify the respective population about applicable programs.
• Prohibits locating facilities in any way that would limit or impede access to a Federally funded service or benefit.
• Requires assurance of nondiscrimination in purchasing of services.

A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.

With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:

"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."

Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.

A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.

Federal financial assistance means more than just money. It is also aid that enhances the ability to improve or expand allocation of a recipient’s own resources.

Examples:

• Student aid (releases recipient’s funds for other uses)
• Training of employees (permits better use of the employer)
• Grants and Loans, tax-exempt bonds
• Property
• Loan of Personnel
• Tax incentives and tax-exempt status
• Technical assistance, etc.

Title VI of the 1964 Civil Rights Act says, ”No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” 42 U.S.C.§2000d

In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State.  The steps which must be taken for a notary to perform online notarizations can be found in the  Online Notary Public Guide.

In accordance with Tennessee Rule 1360-07-03-.04, an online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public's name as it appears on the commission printed at the top, the county of election printed at the bottom, the words 'Tennessee Notary Public' printed in the center, and the words "Online Notary Public" printed below.  The electronic seal must also be accompanied by a statement of the date upon which the online notary public's commission expires.

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Tennessee Rule 1360-07-03-.03 states

1. The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
2. A backup of the electronic records shall also be maintained for five years following the date of the notarization.
3. A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
4. The original records and backup shall be protected from unauthorized use.

A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.

Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies.  You have the option to add new vendor technologies in your dashboard for free.  The same documents are required to be uploaded.

In e-notarization, the notarization uses digital signatures but must occur in the physical presence of the notary, similarly to a traditional/pen and paper notarization.  In remote notarization, the person is not in the physical presence of the notary but is present through audio and visual equipment such as a webcam.

No, the State of Tennessee only offers notaries and remote online notaries.

1. The name of your vendor and a description of the technologies it uses to provide the services listed in the Tennessee Rules [1360-07-03-.02(h), (i), (l ), (m), (n)]
2. An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;[1360-07-03-.03(12)]
3. A copy of your unique electronic seal; [1360-07-03-.03(k)]
4. A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
5. A copy of the instructions or techniques supplied by the vendor that allows the online notary public's electronic notarial certificate to be read and authenticated;[1360-07-03-.04(8)]
6. A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis. [1360-07-03-.02(m)]

The third-party vendor you have chosen should provide you with the certificate.