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.

• Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color or national origin.
• Prohibits entities from providing a different service or benefit or providing these in a different manner from those provided to others under the program.
• Prohibits segregation or separate treatment in any manner related to receiving program services or benefits.
• Prohibits entities from requiring different standards or conditions as prerequisites for serving individuals.
• Encourages the participation of minorities as members of planning or advisory bodies for programs receiving federal funds.
• Prohibits discriminatory activity in a facility built in whole or part with Federal funds.
• Requires information and services to be provided in languages other than English when significant numbers of beneficiaries are of limited English speaking ability.
• Requires entities to notify the respective population about applicable programs.
• Prohibits locating facilities in any way that would limit or impede access to a Federally funded service or benefit.
• Requires assurance of nondiscrimination in purchasing of services.

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.

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. 

• State and local government: Agencies distributing federal assistance or entities distributing federal assistance to the state or local government entity.
• Higher education: college, university, or other post-secondary institution
• Local education agency or system of vocational education, or other school system
• An entire corporation, partnership, or other private organization, or an entire sole proprietorship
• The entire plant or private corporation or other organization which is a geographically separate facility to which federal financial assistance is extended.

Title VI of the 1964 Civil Rights Act says, ”No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” 42 U.S.C.§2000d

• Does not apply to Federal assistance provided through insurance or guaranty contracts, (e.g. FHA loan insurance).
• Does not apply to employment, except where employment practices result in discrimination against program beneficiaries or where the purpose of the Federal assistance is to provide employment.
• Does not apply to direct benefit programs such as Social Security.
• Does not apply only to contracts and set-aside programs.

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.

Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:

• Accessibility for all persons
• Infrastructure development
• Accountability in public funds expenditures
• Minority participation in decision making
• Disparate impact
• Program service delivery
• Economic empowerment
• Public-Private partnerships in part or whole with public funds
• Environmental Justice
• Site and location of facilities

An Administrative dissolution occurs for the following reasons:

• Failure to file an annual report
• Being without a registered agent
• A foreign entity fails to maintain its assumed name due to a name conflict
• Returned payment by a financial institution

A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.

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.

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.

1. The correct fee is not paid. The annual report fee for a corporation is $20, and an additional $20 is required if any change is made concerning the registered agent/registered office. The annual report fee for LLCs is $300 minimum up to a maximum of $3000. The fee increases by an additional $50 per member for every member over 6 members up to a maximum of $3,000.
2. An officer is not listed. If the business is a Tennessee for-profit corporation, the corporation must list at least one officer. If the business is a Tennessee nonprofit corporation, a president and secretary or required.
3. The board of directors are not listed, the box indicating that the board is the same as the officers listed is not marked, or the box indicating that the corporation does not have directors is not marked.
4. The annual report is not signed and/or dated.
5. The annual report is not typed or filled out in ink.

• 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.

A business entity that has failed to file its annual report on a timely basis may be administratively dissolved and placed in inactive status. The filing history of every business is shown in the Business Information Search. Click on “filing history” for details on your business.

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.

To ensure the broad, institution wide application of Title VI and other civil rights statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies the definition of “programs and activities” covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency or institution receives Federal financial assistance.

Examples:

1. (A) a department, agency, special purpose district, or other instrumentality of a state or local government; or (B) the entity of such state or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government;
2. (A) a college, university, or other postsecondary institution, or a public system of education; or system of vocational education, or other school system.

Title VI applies to discrimination throughout an agency, not just to actions involving the federally assisted program. Therefore, if an agency receives any federal financial assistance for any program or activity the entire agency is required to comply with Title VI, not just that particular program. Example: The Harriet Tubman Express program receives money from HUD, the agency /division that Harriet Tubman Express programs are under (Health Services) must also be in compliance with Title VI rules and regulations.

Federal financial assistance means more than just money. It is also aid that enhances the ability to improve or expand allocation of a recipient’s own resources.

Examples:

• Student aid (releases recipient’s funds for other uses)
• Training of employees (permits better use of the employer)
• Grants and Loans, tax-exempt bonds
• Property
• Loan of Personnel
• Tax incentives and tax-exempt status
• Technical assistance, etc.

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.

Tax clearances are required to obtain a certificate of existence, to reinstate, and to terminate, cancel or withdraw an entity from Tennessee. 

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.