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Vital records document significant life events. Vital records include:
- Marriage Certificates
- Divorce Certificates
- Birth Certificates
- Death Certificates
Tennessee Code unannotated § 8-16 et al
In 2010, the Attorney General's office gave its opinion on Notarization of Spouse's Signature.
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 - Phone: (615) 741-1763 or (866) 233-0740
- Website: Tennessee Office of Vital Records
Notaries are state officials. View Attorney General opinion on Whether notaries public are state or county officials.
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.
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
Administrative Judges are hired through a competitive interview process by the Secretary of State. Open positions for a new Administrative Judge are publicly posted by the Secretary of State’s Human Resources division.
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.”
The Attorney General stated that the notary is not required to keep the record in a particular type of “well bound book,” but that the notary may keep the information in another recorded format, as long as certain standards are met, as set forth fully in the opinion. This Attorney General’s opinion is available here: Attorney General Opinion No. 14-89
'Satisfactory evidence' means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following:
- The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness;
- Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (f) years;
- An identification card or driver's license issued by the department of safety; or
- A passport issued by the United States department of state; or
- Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and in the event that the document is a passport, has been stamped by the United States immigration and naturalization service:
- A passport issued by a foreign government;
- A driver's license issued by a state other than Tennessee;
- An identification card issued by a state other than Tennessee; or
- An identification card issued by any branch of the armed forces of the United States.
T.C.A. § 66-22-106
If a notary moves his or her residence or principal place of business out of the county from which he or she was elected to another county in Tennessee, the notary must notify the county clerk in the county from which the notary was elected and submit an address change form to the county clerk. T.C.A. § 8-16-109
- 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.
Yes, it is optional and not required by law.
“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).
A Notary Signing Agent or a Loan Signing Agent is a Traditional Notary who has special training to handle loan document signings. The State of Tennessee does not have any additional requirements or guidelines for Notary Signing Agents or Loan Signing Agents.
The State of Tennessee does not assign commission numbers, if the form requires an entry enter N/A for Not Applicable.
State law requires that all notaries use an official seal prescribed and designed by the Secretary of State. The notary must purchase the official seal at his or her own expense. At the notary’s request, the county clerk may obtain an official seal for the notary, and the county clerk may charge a fee for this service not to exceed 20 percent of the cost of the seal. T.C.A. § 8-16-114.
The current design prescribed by the Secretary of State is a circular seal with the notary’s name (as it appears on the commission) printed at the top, the county of election printed at the bottom, and the words “State of Tennessee Notary Public” or “Tennessee Notary Public” printed in the center.
The seal may be imprinted by a rubber or other type stamp (not an impression seal), and the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier. Notaries may continue to use their impression seals until the expiration of their term. The use of an embossed seal after May 12, 2003, does not render an acknowledgment defective. T.C.A. § 8-16-114.
The seal must be surrendered to the county legislative body (through the county clerk) upon expiration of the notary’s term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114.
The renewal process for a notary is the same process as obtaining your original commission.
No. The titles Administrative Judge, Administrative Law Judge, and ALJ are used interchangeably.
According to T.C.A. § 8-16-114, the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier.
- the date of the acknowledgment, affidavit,or other transaction;
- The name of the person whose signature is being notarized;
- To whom the instrument is being executed;
- A description, including the date of the instrument;
- Whether the person whose signature was notarized was a personal acquaintance or what proof was shown prior to notarizing the signature
- What fee, if any, was received.
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of a notary. T.C.A. § 8-16-114
- 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 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
No, Administrative Judges hear a wide variety of cases. Judges have experience with the multi-faceted issues presented by each individual case filed with APD. This approach allows for the greatest amount of flexibility with scheduling and assignment of cases ensuring that hearings and mediations proceed in the most expeditious manner possible. The one exception to this practice involves State Board of Equalization cases which are primarily assigned to a subset of judges with additional specialized training in that area of the law.
A Notary has the power to administer oaths and take depositions, affidavits, and acknowledgments. A Notary’s powers and duties can be exercised in all counties in the State of Tennessee.
Yes, if that person is physically present in the state.
- 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.
You can check with your county clerk's office to see if the request has been submitted to our office. You can also go to the Notary Search page and search for your information to check the status of your commission at https://tnbear.tn.gov/Notary/notary
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.
An Administrative Judge is also known as an Administrative Law Judge or ALJ. The Administrative Judge rules on cases involving administrative disputes (or disputes regarding the administration or implementation of government laws and rules).
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
Yes, Public Chapter No. 255 of the 112th General Assembly changes the language allowing notary publics to perform marriages. There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants. Effective April 28, 2021.
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
- Phone: (615) 401-7891
- Open.records@cot.tn.gov
- http://www.comptroller.tn.gov/openrecords/
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.
A Notary’s term of office is four years. The four-year term begins on the date that the notary commission is issued by the Governor. It is a Class C misdemeanor for a Notary to act in an official capacity after the expiration of their notary commission.
A commissioned notary can purchase a notary stamp through the county clerk's office or from an office supply company.
Contact the county clerk's office you were commissioned in to submit a name and/or address change along with a fee for the change.
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:
- (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;
- (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.