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The Public Records Commission was created by statute to determine and order the proper disposition of state records. The PRC meets at least twice annually to receive an update report from the Records Management Division and discuss any records projects or outdated policies and procedures. These meetings are open to the public. See TCA §§10-7-301 through 10-7-306.
Members include:
- Secretary of State
- Comptroller of the Treasury
- State Treasurer
- Director of Legal Services
- Commissioner of General Services
- Attorney General
- Executive Director of Historical Society
- Chief Justice of Tennessee Supreme Court
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.
No. The titles Administrative Judge, Administrative Law Judge, and ALJ are used interchangeably.
Service of Process is issued under the following statutes:
- Tennessee’s Long-Arm Statutes, Tennessee Code Annotated (T.C.A.) Title 20, Chapter 2, Part 2.
- The Tennessee Business Corporation Act, T.C.A. Title 48, Chapters 11-27
- Tennessee Nonprofit Corporation Act, T.C.A. Title 48, Chapters 51-68
- Tennessee Limited Liability Company Act ,T.C.A. Title 48,Chapters 201-248
- The Tennessee Revised Limited Liability Company Act, T.C.A. Title 48, Chapter 249
- The Tennessee Revised Uniform Partnership Act, T.C.A. Title 61, Chapter 1
- Tennessee Revised Uniform Limited Partnership Act, T.C.A. Title 61, Chapter 2
The Hague Convention is preprinted as an annotation to Rule 4, 28 U.S.C.A., Fed. R. Civ. P., Rules 1011, (1992) (Annotation to Rule 4).
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 nonresident fiduciary is a person who does not reside in Tennessee, or a bank or trust company not authorized to do business in Tennessee, that is appointed by will, deed, trust agreement, court order or otherwise to serve as trustee of a corporate or personal trust, personal representative of an estate, guardian, conservator for an incompetent person, guardian for a minor or in any other fiduciary capacity.
- Only certain types of individuals, banks or trust companies may serve as nonresident fiduciaries. Please consult Tennessee Code Annotated, Section 35-50-107 for a complete listing of qualified persons or entities.
The Division of Business Services processes over 13,800 summonses annually.
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).
A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process. This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary.
The appointment document submitted to the Secretary of State must contain the following items:
- The name of the specific trust, estate, or person for which the fiduciary has been appointed;
- The name and out-of-state street address (including zip code) of the fiduciary;
- A statement clearly designating the Tennessee Secretary of State as agent for service of process;
- An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and
- The date the document is signed.
- The appointment document need not be in affidavit form or notarized.
- The appointment document must be accompanied by a filing fee of $10.00. Please make checks or money orders payable to the Tennessee Secretary of State.
Agent Appointment by Nonresident Fiduciary form is also available.
The Service of Process Search allows you to check on the status of a Service of Process issuance by the defendant’s last name (or company name if a company) or by court docket number. This database reflects all non-archived processes served through the Tennessee Secretary of State as of three working days prior to the requested date. Service of Process records are archived on an annual basis.
A Service of Process filing may be rejected for many reasons. Some of the most common reasons are:
- An insufficient number of copies of the summons are submitted (an original and one certified copy are required for each defendant).
- An address for an out-of-state defendant is not provided.
- The defendant and/or agent for Service of Process has a Tennessee address requiring Service of Process by the Sheriff of the county of the defendant and/or agent not by the Secretary of State.
- The $20.00 filing fee is not enclosed.
- The check, bank draft, or money order is not made payable to the “Tennessee Secretary of State.”
- The original and/or certified copy of the summons is not signed by the Clerk or Deputy Clerk.
- The Clerk’s certified stamp, seal, or imprint is not affixed to the summons.
- The process is to be served on an insurance company requiring Service of Process through the Commissioner of the Tennessee Department of Commerce and Insurance.
- The action is instituted in a court outside Tennessee.