Rules & Regulations of the State of Tennessee Title 1360 - Department of State

23 Jun 2025 --
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Rules & Regulations of the State of Tennessee: Title 1360 — Department of State

1. Overview

Title 1360 consists of administrative rules issued by the Tennessee Department of State (the Secretary of State). These rules implement statutes and govern:

Filing and publication of administrative rules.

Elections procedures.

Charitable solicitations and gaming.

Contested case hearings (administrative adjudications).

Business and public records services.

Key point: Once properly adopted under Tennessee law, these rules have the force of law. Agencies and affected parties must comply with them.

2. Structure of Title 1360

A. Subtitle 1360‑01 — Publications

Covers how rules are filed, noticed, and published.

Defines terms like “proposed rule,” “emergency rule,” and “adopted rule.”

Establishes procedures for rule withdrawal, stay, or amendment.

B. Subtitle 1360‑02 — Elections Division

Covers state election procedures and certifications.

Sets requirements for filing, notice, and reporting by candidates and election officials.

C. Subtitle 1360‑03 — Charitable Solicitations and Gaming Division

Governs registration, reporting, and penalties for nonprofit gaming and charitable solicitations.

Example: Any violation of charitable gaming rules can result in disqualification or civil penalties, with a right to a hearing.

D. Subtitle 1360‑04 — Administrative Procedures Division

Outlines procedures for contested case hearings.

Establishes administrative judge roles, notice requirements, representation by counsel, and evidentiary procedures.

3. Contested Case Procedures (Subtitle 1360‑04)

Contested cases are formal hearings for parties affected by agency actions. Key rules include:

Commencement of Proceedings — Parties must receive written notice of a contested case.

Notice of Hearing — Agencies must serve parties properly to ensure due process.

Representation by Counsel — Parties may be represented by lawyers.

Evidentiary Rules — Administrative judges may admit evidence similar to court procedures.

Default/Uncontested Proceedings — If a party fails to appear, hearings may proceed in their absence.

Administrative Judge Conduct — Judges must follow rules of fairness and impartiality.

Principle: Following these rules is mandatory. Failure to do so can invalidate agency actions.

4. Interaction with Tennessee Law

Title 1360 rules are based on the Tennessee Uniform Administrative Procedures Act (UAPA):

Agencies must provide notice and public comment for rules.

Contested cases must meet due process standards.

Parties can appeal final agency decisions to Tennessee courts.

Legal Effect: Agency rules carry the force of law, but they cannot exceed statutory authority. Courts review agency decisions to ensure they are not arbitrary, capricious, or unsupported by evidence.

5. Case Law Examples

A. Sufficiency of Hearing Notices

In Kogan v. Tennessee Board of Dentistry, the court held that the agency violated due process because proper notice, as required by administrative rules, was not given. The agency’s order was vacated and remanded.

Lesson: Title 1360 contested case rules must be followed for agency decisions to stand.

B. Judicial Review Under UAPA

In Matthew Long v. Chattanooga Fire and Police Pension Fund, the court reviewed an agency decision for substantial evidence. It reinforced that courts can overturn agency actions that are arbitrary, capricious, or unsupported by evidence, even if the agency followed procedural rules.