"Solicit" or "solicitation" means any oral or written request, however, communicated, whether directly or indirectly, for a contribution. See T.C.A. §48-101-501(11).
An organization must file an Application for Registration of a Charitable Organization, along with its organizing documents (e.g. a charter) and, if it has obtained one, a letter of determination of tax-exempt status from the IRS. If an organization has completed an accounting year, it must file also file a Summary of Financial Activities form, an IRS form 990 (if the organization is required to file such), and an audited financial statement if its revenues exceed $500,000, excluding government grants and grants from private foundations.
How do I find deeds?
The Tennessee State Library and Archives has microfilmed copies of older deeds for every county in Tennessee. The deeds records are arranged by the name of the seller/buyer (grantor/grantee). We do not have a means to search for a deed record by knowing the area, address, or longitude & latitude of the property. Information for ordering deed records can be found in Ordering Records. To see inventories of what deed year coverage we have for each county, see our county inventories of microfilmed records.
When a deed search is requested, we follow these procedures:
We locate the cumulative index (if available), usually in a book separate from the deed books. If there is no cumulative index, we use the index appearing in each volume of deeds.
We check to see if the index indicates the date of the deed. If it does, we search the portion of the index covering the dates requested for the name requested.
If the dates are not shown in the index entries, we determine which deeds books were in use during the dates requested in the search. For example: if the request is for a deed dated 1860-1865, and we find that Deed Book C covered 1856-1861 and Deed Book D covered 1861-1866, we would search that portion of the index that includes entries for Deed Books C and D.
Within the time period requested, we look for deeds matching the name of the person requested. Both grantor (seller) and grantee (buyer) indexes are searched. Deed indexes are not always completely alphabetized, but only grouped under each letter of the alphabet. For example: to locate deeds for Jasper Bates, we scan the entire letter & #8220;B” in the index.
If an entry matching the request is found, we copy the deed and mail it to the client.
If more than one matching entry is found, we copy the index pages containing them and mail them to the client, with instructions to select one to be copied at the standard fee.
If no related entry is found, we advise the client that the index was searched, indicating the dates covered by the search.
Deeds are not always recorded in the year they are written, so a deed written in 1865 but not recorded until 1875 will not be located using this search strategy. We have no way of ascertaining whether a deed was recorded when it was written. Name of grantor is not always the expected name; some properties are sold by power of attorney, sheriff or court clerk to satisfy a legal judgment, so the deed would be indexed under the name of that person.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
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.
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.
What is a contribution?
“Contributions" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity. “Contribution” does not include bona fide fees, dues or assessments paid by members; provided, that membership is not conferred solely as consideration for making a contribution in response to a solicitation. See T.C.A. §48-101-501(3).
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.
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.
What is a charitable organization?
“Charitable organization” means a group which is or holds itself out to be a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary organization, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who solicits or obtains contributions solicited from the public for charitable purposes. “Charitable organization” does not include any authorized individual who solicits, by authority of the organization, solely on behalf of a registered or exempt organization, or on behalf of an organization excluded from the definition of a charitable organization.
The Library and Archives will, for a fee, search a five year date span in the indexed minutes from the County or Quarterly Court, Circuit Court, or Chancery Court. Please go to Ordering Records for instructions on ordering a court record.
The records at the Tennessee State Library and Archives are open to the public. You are welcome to come in 8:00am - 4:30pm (Central Time) Tuesday through Saturday to search the court records yourself & make your own copies for research. Please see the Tennessee State Library and Archives Visitors Page for information on directions, parking, and holiday hours.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
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 much does it cost to register a charitable organization?
You must first complete an application for service and send it to the Tennessee library. All states provide the service for their residents.
What types of cases does APD hear and how many?
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.
How do I get the books?
All special library materials--books, magazines and playback equipment--are circulated through the mail postage free. Patrons must borrow books each year to remain eligible for the service.
What can I do if the application for registration is denied?
You can edit and resubmit the registration again and include those items for which the previous application was denied. Additionally, if you believe the application was denied in error, the organization can ask for a hearing. The request must be made within 7 days of the date you receive notification that your application has been denied. A hearing shall occur within 7 days of receiving your request for a hearing. A determination shall be reached within 3 business days of your hearing.
How do I know what titles are available?
Bimonthly magazines will tell you about newly released books and related library services: Talking Book Topics and Braille Book Review. You may also order general catalogs. You can always call the library to ask about authors and titles. The National Library Service catalog is searchable online.