Tennessee Code unannotated § 8-16 et al

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.  

In 2010, the Attorney General's office gave its opinion on Notarization of Spouse's Signature.

2010 Opinion 10-97: Notarizing of Spouse's Signature

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

 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.

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:

1. 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;
2. 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;
   1. An identification card or driver's license issued by the department of safety; or
   2. A passport issued by the United States department of state; or
3. 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:
   1. A passport issued by a foreign government;
   2. A driver's license issued by a state other than Tennessee;
   3. An identification card issued by a state other than Tennessee; or
   4. 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

Yes, it is optional and not required by law.

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.

You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee.  Forms can be found on our the Forms & Fees page for mail and in person filings.

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.

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.

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.

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.

1. the date of the acknowledgment, affidavit,or other transaction;
2. The name of the person whose signature is being notarized;
3. To whom the instrument is being executed;
4. A description, including the date of the instrument;
5. Whether the person whose signature was notarized was a personal acquaintance or what proof was shown prior to notarizing the signature
6. 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

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. 

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.

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.