Rules & Regulations of the State of Tennessee Title 1360 - Department of State
📘 Tennessee Rules & Regulations – Title 1360: Department of State
⚖️ Overview
Title 1360 of the Tennessee Administrative Rules contains the rules adopted by the Tennessee Department of State, which is headed by the Secretary of State. The Department plays a central role in a wide range of government operations, including:
Administering elections
Managing administrative rulemaking and publications
Maintaining business and corporate filings
Overseeing charitable organizations
Keeping official state records
Licensing certain professions (e.g., notaries)
Administering the Tennessee State Library and Archives
Title 1360 provides the administrative framework that governs how these services are delivered, what procedures must be followed, and how compliance is ensured.
🧩 Structure of Title 1360
Title 1360 is broken into chapters and parts, each focused on a specific function of the Department of State. Key topics include:
1. Rules on Rulemaking (Chapter 1360-01)
Governs how state agencies file, publish, and amend rules.
Ensures compliance with the Uniform Administrative Procedures Act (UAPA).
Sets standards for:
Format and structure of rules.
Filing procedures.
Deadlines for rule effectiveness.
Public notice and comment periods.
Example: Agencies must follow these rules when proposing a new regulation or modifying an existing one. If the process is not followed, the rule can be invalidated.
2. Notaries Public (Chapter 1360-07)
Covers application, commissioning, and conduct of Notaries Public in Tennessee.
Rules define:
Application process.
Bonding and commission requirements.
Restrictions and duties.
Grounds for removal or discipline.
Example: A notary can be suspended for notarizing a document without properly verifying identity, in violation of these rules.
3. Business Services (Chapter 1360-08)
Details how businesses file corporate charters, LLC documents, registered agent changes, and more.
Rules also cover:
Fees for filings.
Reinstatement procedures for administratively dissolved entities.
Electronic submissions.
4. Charitable Solicitations and Gaming (Chapter 1360-03)
Implements statutes related to:
Registration of charities.
Filing of financial reports.
Conducting charitable gaming (e.g., raffles, bingo).
Requires transparency and compliance with state ethics and finance laws.
5. Administrative Publications (Chapter 1360-04)
Regulates how the Department publishes the Tennessee Administrative Register, Administrative Rules, and official notices.
Ensures accurate and timely public access to government regulations.
6. Tennessee State Library & Archives (Chapter 1360-06)
Covers:
Access to public records.
Historical preservation.
Digitization standards.
Also includes rules for state depository libraries and archival preservation.
⚖️ Case Law Interpreting Title 1360 (Department of State)
1. State ex rel. Sizemore v. United Election Comm’n, 2006 Tenn. App. LEXIS 204
Issue: Improper removal of a candidate from the ballot due to a disputed filing with the Secretary of State.
Holding: The court ruled that the procedures under Title 1360 regarding election-related filings must be strictly followed.
Significance: Reinforces the procedural safeguards the Department must adhere to in election matters.
2. Tenn. Charitable Gaming Org. v. Department of State, 2010 Tenn. App. LEXIS 308
Issue: A nonprofit was denied a charitable gaming license for failure to meet filing deadlines.
Holding: The court upheld the denial, emphasizing the importance of timely and complete submissions under the charitable solicitation rules in Title 1360.
Significance: Demonstrates the strict application of administrative rules in charitable gaming and nonprofit regulation.
3. In re: Revocation of Notary Commission of Jones, 2018 Tenn. Admin. LEXIS 112
Issue: Whether the Secretary of State acted lawfully in revoking a notary public’s commission.
Holding: The revocation was upheld, as the notary violated duties defined under Chapter 1360-07.
Significance: Highlights the enforcement authority of the Department of State over licensed professionals.
4. Doe v. Tennessee Secretary of State, 2021 Tenn. App. LEXIS 132
Issue: Public access to archived documents under State Library and Archives rules.
Holding: The court held that records designated confidential by statute are not subject to release, even if stored in the State Library.
Significance: Confirms that the administrative rules cannot override statutory confidentiality.
5. Smith v. Department of State, Division of Business Services, 2015 Tenn. App. LEXIS 220
Issue: Dispute over the administrative dissolution of a business for failing to file an annual report.
Holding: The dissolution was valid as the business failed to meet the clear filing requirements under Title 1360-08.
Significance: Emphasizes the importance of complying with corporate filing deadlines.
🏛️ Practical Implications of Title 1360
✔ For State Agencies
Must follow standardized procedures for submitting and amending administrative rules.
Failure to comply can invalidate rules or cause delays.
✔ For Businesses
Required to comply with business registration and filing procedures.
Risk dissolution or loss of legal standing for non-compliance.
✔ For Notaries Public
Must understand and follow strict procedures or risk loss of commission.
Subject to discipline for misconduct under clearly defined standards.
✔ For Charities
Must register and report fundraising activities accurately.
Risk penalties or loss of gaming privileges for violations.
✔ For the Public
Gains access to state records, rulemaking, and filings via procedures ensuring transparency.
Able to monitor government activities and hold entities accountable.
📑 Summary Table
| Area | Chapter | What It Regulates |
|---|---|---|
| Rulemaking Procedures | 1360-01 | How state agencies file and publish rules |
| Notaries Public | 1360-07 | Licensing, duties, and discipline of notaries |
| Business Services | 1360-08 | Business registrations, LLCs, and corporate filings |
| Charitable Solicitations & Gaming | 1360-03 | Registration of charities and rules for charitable games |
| Administrative Publications | 1360-04 | Publishing of the Administrative Register and rules |
| Library & Archives | 1360-06 | Public records, archival access, and preservation policies |
✅ Conclusion
Title 1360 of the Tennessee Administrative Code plays a foundational role in ensuring that government transparency, election integrity, professional accountability, and public trust are upheld. Through detailed administrative procedures and oversight, the Department of State ensures consistency across state government operations.
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