"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).
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.
How does an organization register as a charity?
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 can I contact the Judge to discuss my case?
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 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).
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.
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.
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 much does it cost to register a charitable organization?
The initial registration fee is $10 dollars.
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.
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.
Who are my elected officials?
Use our GoVoteTN app to find your elected officials. The GoVoteTN app will also provide you with a sample ballot, early voting locations, Election Day polling location and election results. The GoVoteTN app is available in the Apple store, Google Play store, and through any browser as a website application.
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.
Does it matter which officers sign the Charitable Organization registration form?
Yes, the initial registration and renewal forms shall be signed by two (2) authorized officers of the charitable organization, one of whom shall be the chief fiscal officer
How do I get a 501(c)(3) letter?
The IRS grants federal tax exempt status. Contact information and detailed explanations of the tax exemption approval process can be found on the Internal Revenue Service (IRS) website.
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 charitable organizations are exempt from registration?
Organizations that are exempt from the registration requirements of the Act include bona fide religious institutions, as defined by T.C.A. §48-101-502(c); educational institutions and supporting organizations as defined by T.C.A. §48-101-502(b); volunteer fire departments, rescue squads and local civil defense organizations; political parties, candidates, and Political Action Committees; hospitals; nursing homes; any corporation established by an act of congress of the United States that is required by federal law to submit annual reports of its activities to congress containing itemized accounts of all receipts and expenditures after being fully audited by the department of defense; and organizations that do not intend to solicit and receive and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year. Organizations that do not intend to solicit and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year must file an Exemption Request annually.
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.