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.

We think it’s great you are interested in serving on one of Tennessee’s many boards and commissions!

To inquire about serving on a specific board, please reach out to the appointing authority of that board.

If you are unsure of the appointing authority, you can search our Boards and Commissions page here. Some boards have multiple appointing authorities, by clicking on a specific member’s name, you can see who is responsible for appointing a person to that particular position.

Yes. You may communicate with the opposing side in your case without having to include the ALJ in your communication.

Remember, however, that you may not communicate with the judge without including the opposing side in your communication.

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.

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.  

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. 

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.

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.

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.

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.

Service may be by mail, by electronic mail in the manner provided by the Tennessee Rules of Civil Procedure, or by hand delivery. See TENN COMP. R. 1360-04-0-03.

Parties must show proper service when filing any document with APD. For further instructions on how to do that, go to Certificate of Service Instructions.

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.

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.

If you are unable to attend your scheduled hearing, you will need to request a continuance. Preferably, you can first contact the opposing party to discuss your need for a continuance. If you can mutually agree upon a new date, then both parties can file a joint motion for continuance. If you are unable to contact the other party or are unable to reach a mutual agreement for a continuance, then you may file a Motion for Continuance with APD. Both a joint motion or an individual Motion for Continuance should include the specific reasons why the party or parties cannot attend the scheduled hearing and need a new hearing date. In both scenarios, it is up to the ALJ whether or not the request for a continuance will be granted.

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.

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.

An administrative hearing involves a dispute over the administration or implementation of government laws and rules. An administrative hearing is conducted in basically the same way as a trial with both parties presenting evidence to an Administrative Judge or to a board or commission.

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.

Unlike cases in criminal court, you are not entitled to have an attorney appointed for your administrative case before APD. 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.

A complaint form may be filed with the State Coordinator of Elections office or with the local county election office.

• Complaints must be filed on a Title III HAVA complaint form.  Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
   
• All complaints must be in writing, notarized, signed, and sworn to by the complainant.  The complaint may be filed with either the Coordinator of Elections or the local county election office.
   
• Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
   
• A complainant may request a hearing on the record.
   
• The Coordinator of Elections or designee will gather information which may include written responses from the parties.  Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
   
• If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
   
• If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
   
• A final determination must be made within 90 days of the complaint being filed.  Only the complainant may agree to extend this period of time.
   
• If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution.  All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.

Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure.  This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.

A violation of Title III would include issues dealing with the following HAVA sections:

• voting system standards
• provisional voting
• voter information requirements
• statewide voter registration database and
• accessibility for persons with disabilities

If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.

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.

 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.

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. 

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.

In some hearings, the judge alone will hear your case. The judge’s decision will be made in a written order which will be sent to both parties. In some hearings, your case will be heard by a board or commission that is sitting with the judge. In this type of hearing, the board or commission will determine the outcome of the case, while the ALJ makes legal rulings on procedure but does not decide the final outcome.