Vital records document significant life events. Vital records include:
Marriage Certificates
Divorce Certificates
Birth Certificates
Death Certificates
What if I am not satisfied with my result?
If you disagree with the judge’s decision in your case, you may file a Petition for Reconsideration (PFR) or an appeal. Usually, a PFR is decided by the judge who initially heard your case. If you appeal an Initial Order, the case will go back to the agency where the case started for a decision and that agency will issue a Final Order. A Final Order (whether issued by the ALJ or the agency) may be appealed through the courts, usually starting with Chancery Court. All Initial and Final Orders will have specific information about how to file a PFR or an appeal. Different cases have different rules about when and where you can file a PFR or an appeal so you MUST check the Notice of Appeal Procedures attached to your order.
Where can I request a vital record?
The Tennessee Health Department’s Office of Vital Records reviews, registers, amends, issues and maintains the original certificates of births, deaths, marriages, and divorces that occur in Tennessee in accordance with Tennessee Code Annotated.
Office hours are Monday – Friday, 8:00 am – 4:00 pm.
Tennessee Vital Records 1st Floor, Andrew Johnson Tower 710 James Robertson Parkway Nashville, TN 37243
If you wish to contact the ALJ assigned to your case, you may email the ALJ. However, you must also include the other parties in the case on your email. Failure to include the other parties in your email is inappropriate ex parte communications. If you do not have contact information for the ALJ assigned to your case, please contact APD.
What is a Public Record?
“Public record or records’ or ‘state record or records’ means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.” T.C.A. § 10-7-301(6)
The test for determining whether a record is public is “whether it was made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.” Griffin v. City of Knoxville, 821 S.W. 2d 921, 924 (Tenn. 1991).
How soon should I expect a decision in my case?
Generally, hearing decisions are rendered within 90 days from the date the record closes, however, there are many exceptions based on the type of case and whether a rule or statute specifically addresses decision timelines. More specific information about when a decision will be made in your case may be discussed with the ALJ during your hearing.
Where are APD cases heard?
APD conducts hearings and mediations in all 95 counties across Tennessee. These hearings or mediations may be held in-person, by telephone conference call, or by video conferencing, depending upon the case type and the needs of the parties.
Where is my hearing?
Information regarding the location for your hearing should be contained in your Notice of Hearing, Notice of Hearing and Charges, or Scheduling Order. If you cannot find that information, you can call APD to ask.
I already missed my hearing. Now what happens? Can I get another hearing?
If you missed your hearing, you can contact the opposing party or APD to ask about the status of your case. As a result of your absence, the ALJ may have already ruled that you are in default and dismissed the case. Or, the ALJ may have continued the hearing to another date. Either way, you should receive a written order explaining the ALJ’s ruling. If your case has been dismissed and you want to challenge that ruling, you can file a Petition for Reconsideration, explaining why you missed the hearing.
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.
How do I start the service?
You must first complete an application for service and send it to the Tennessee library. All states provide the service for their residents.
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.
Do you offer hearings in other languages besides English? How can I participate in my case if I don’t speak English as my primary language?
APD does not offer hearings or mediations in other languages besides English nor does APD directly employ translators or interpreters. However, typically, the government agency involved in your case will provide an interpreter for a pre-hearing conference, mediation, or hearing if an interpreter is needed and requested. If you are having a hard time fully understanding all that is being discussed in your case, you should request that an interpreter be provided.
To request interpretation services, please notify the judge assigned to your case. If you do not yet have a judge assigned to your case, you can notify APD that you need translation services by emailing apd.filings@tnsos.gov or by calling 615-741-7008. Please note, if you call by telephone, APD does not have the ability to answer the call in other languages besides English.
How do I play the talking books?
Special playback equipment is loaned to patrons who use the library service. Books and magazines in the TLABM collection are recorded at a slower speed than conventional recordings and the books require special players. Players are mailed to patrons postage free. The library repairs and replaces equipment as necessary. For patrons who wish to purchase their own equipment, a vendor list is available.
What is provided?
The library service loans recorded, large print and braille books and magazines, music scores in large print and braille and special playback equipment. The TLABM book collection of over 50,000 titles includes popular fiction and nonfiction, best sellers, classics, history, biographies, religious literature, children's books and books in foreign language. There are over 70 popular magazines available. Go to Available Materials to find out more.
What is the Records Management Division?
The Records Management Division (RMD) was established by Tennessee Code Annotated 10-7-303 to assist state agencies in establishing systematic controls for the efficient use and sound preservation of state records. The Division serves as the primary records management agency for the state of Tennessee and provides professional consultative and analytical records management leadership to agencies. This guidance aids in the appropriate development, utilization, disposition, retention, and destruction of records.
The Records Management Division is further directed by the Public Records Commission (PRC) to serve as administrative liaison between state agencies and the PRC; to establish procedural guidelines for paper and electronic records oversight and retention; and to coordinate efforts supporting the state's Paperwork Reduction and Simplification Act of 1976 (TCA 4-25-101).
What is the Records Disposition Authorizations process?
Records Disposition Authorizations (RDAs) are record retention guides state agencies follow to maintain their records properly. The Records Management Division oversees the records management process. The Secretary of State’s office online RDA filing system provides users with an easy way to filter, search, and find RDAs and provides retention and destruction method information. Click here to search all effective RDAs.
Who do I contact when making a public records request
State agencies are required by law, T.C.A 10-7-503(a)(2)(B), to have a designated Public Records Request Coordinator. This person is the designated contact for receiving public records requests. Contact the appropriate agency’s coordinator to request access to that agency’s records. If you have further questions or need additional assistance, contact: Office of Open Records Counsel
How is an Administrative Law Judge (ALJ) assigned to a case?
Generally, ALJs are initially assigned to individual cases either by rotation or randomization, depending on the case type. Those case types with a larger volume of cases before APD are randomly assigned amongst the pool of judges. For these case types, if a hearing is continued or rescheduled, the case may be reassigned to another ALJ. Case types with a smaller volume of cases before APD are assigned by rotation amongst the ALJs. If a hearing is rescheduled for one of these cases, the case usually stays with the initial ALJ.
Do I need an attorney or may I represent myself?
You may represent yourself. You are not required to have an attorney and you are not entitled to have an attorney appointed for you. You may, however, hire an attorney to represent you at your own expense.
Cases before APD are official legal proceedings and they can be complicated. We understand that, and we try to make the process, hearings, and orders as straightforward as possible. However, we also encourage those with complicated cases and who cannot afford an attorney to reach out to your local bar association or Legal Aid Society in your county or region.
Regarding businesses that may be a party in a case … if you are the owner of a sole proprietorship, you may also self-represent your business. If a party in a case is a separate legal entity, such as an LLC or corporation, representatives of those business entities may testify in hearings. However, those representatives may not act as an attorney for cross-examination of witnesses, make opening or closing statements, etc.
What will happen if I do not attend the hearing
If you do not attend your scheduled hearing, the ALJ may rule that you are in default and dismiss the case. If you want to challenge that ruling, you can file a Petition for Reconsideration , explaining why you missed the hearing.
I was told I need to pay a fee to get my car (or other property or license) back. How do I pay that?
The resolution of many cases may impose a fee on the petitioner. You should contact the government agency that was involved in your case for payment instructions. APD does not collect these fees and payment should not be made to APD.
Examples may include a fee to get a car or other property returned to you after it was seized by a law enforcement agency or a fee to have your professional license reinstated after it has been suspended.
I received a bill for my case. How do I pay that?
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 or payment should, therefore, be addressed to the government agency involved in your case. Payment should not be sent to APD.
I see that I have to “serve” the other party my documents. How do I do that?
You should bring all of the documentation you have received since your appeal began, any witnesses you wish to question during the hearing, and anything you wish to introduce as an exhibit (with extra copies) at the hearing.
Please refer to the orders issued in your case for additional information.
Do I have to file anything with the Administrative Procedures Division before the hearing?
For Tenncare and Safety cases, you typically do not have to file anything with APD before the hearing unless you are specifically directed to do so by the judge.
For other case types, you may be required to file a Witness and Exhibit List, or other documents as directed by the ALJ assigned to your case. Please refer to the orders issued in your case for specific information.
Please note, if the opposing party in your case files a motion, APD’s rules allow seven days for you to file a response to that motion.
How will mediation affect my case?
If you wish to pursue mediation in addition to a due process hearing, you will be assigned two case numbers – one case number for your mediation and a different case number for your due process case. Two different ALJs will be assigned to the two tracks of your case – one ALJ for your mediation and a different ALJ for your due process case. This is to prevent statements that are made and discussions that may happen during the mediation from affecting the ruling of the ALJ in your due process hearing. If you have both a mediation and a due process case with APD, your due process case may be postponed until the conclusion of your mediation.
The other side wants to mediate. Should I agree to that or is it better to go to hearing?
APD and our ALJs cannot give you legal advice. If you are debating between a hearing and mediation, you may want to seek legal counsel.
However, a few important things to know …
Mediation is not required. It is voluntary. Both sides must agree to try mediation.
You can have both mediation and a hearing. If you want to try mediation first, then your hearing may be postponed until the resolution of your mediation. If your mediation is unsuccessful and you are not able to reach a mutual agreement between the parties, then you can continue to pursue the more formal avenue of a hearing.
For mediation to be successful, both parties must agree on the final resolution of the dispute. In a hearing, the parties do not get a say in how the judge or the board or commission rules.
What is the difference between mediation and a hearing?
Mediation is an alternative method for trying to resolve a legal dispute, rather than going to a formal hearing, in which a mediator helps disputing parties reach a mutually agreeable solution to their differences in their case. If the parties request mediation, a different ALJ other than the one assigned to the due process case will serve as the mediator.
A hearing is a more formal legal proceeding, much like a trial in court. At the end of a hearing, either the judge or the board or commission will determine the outcome of the case.