If you are unsure as to what type of business (i.e. Corporation, Limited Liability Company, Partnership, etc.), you may need to contact an attorney or tax professional, as this office is unable to assist in that determination. For information on types of business entities and tax, treatments consult the IRS, Tennessee Office of the U.S. Small Business Administration or the Business Enterprise Resource Office (BERO) at the Tennessee Department of Economic and Community Development.

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 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.

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.

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.

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 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. 

Domestic and Foreign Nonprofit Corporation filings can be filed through our online filing system.

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.

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.

New businesses can be formed using the Secretary of State's online business registration system.

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. 

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.

An assumed name is a name other than the true entity name under which it conducts business.  Tennessee does not recognize 'DBAs' (doing business as) or fictitious names.  The assumed name is good for 5 years and can be renewed.

You are not required to use an attorney to file a new entity; however, using the services of a professional may be helpful.

• The required filing fee was not enclosed.
• The document has not been signed
• The document is not clear and legible.
• The document was not enclosed.
• The document is not dated.
• An email address was not provided.
• The name that you have requested is unavailable because it is not distinguishable from another business entity on file.
• We were not able to obtain tax clearance from the Department of Revenue.  Please, contact the Tennessee Department of Revenue at (615) 253-0600 or (800) 342-1003.  Once you have satisfied their requirements, resubmit your document to our office for filing.
• The address of the registered office must be a physical Tennessee address; it cannot be a post office box, route number, or box number alone.

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.

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.

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.

A registered agent is a person or company who agrees to accept legal mail on behalf of your entity.  Tennessee requires that all entities (except General Partnerships (GP) to maintain a registered agent/office in the State of Tennessee at all times.

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.

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 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.

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.

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 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.

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.

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.

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.