Rules of the Tennessee Department of State — Introduction

RULES OF THE TENNESSEE DEPARTMENT OF STATE Capitol Building Nashville, Tennessee 37219-5040 Chapter Title PUBLICATIONS

1360-01-01 ……………………………………………………………………………….Notice of Rulemaking

1360-01-02 ….………..………………………………………………………….……………….Filing of Rules

1360-01-03 …Withdrawal of Rules, Stays of Effective Dates, and Withdrawal of Stay of Effective Date

1360-01-04 ……………………………………………………………….……………………………Repealed

1360-01-05 ……………………………………………………………………………………............Repealed

1360-01-06 …..….………………………………………………………………….………………….Repealed

1360-01-07 ……….…………………………………………….……………….Redesignated as 1360-04-01

1360-01-08 …………………………………………………………………………………………….Reserved ELECTIONS

1360-02-01 ……..……………………..……………………………………………………………Introduction

1360-02-02 …….………………….…………………………………………………………State Certification

1360-02-03 …….……………..……………………………………………Purchase of Punch Card Devices

1360-02-04 …..……...…….………………………………………………………………Ballot Specifications

1360-02-05 …………………..………………………………………Duties of County Election Commission

1360-02-06 ……………………..…………………………………………………Procedure Prior to Election

1360-02-07 …………………………………………………………………………Procedure During Election

1360-02-08 …..………………..…………………………………………Procedure After Polls Have Closed

1360-02-09 …..………………..…………………………………………Procedures at the Counting Center

1360-02-10 ….……..……………………………………………Absentee Voting by Mail with Punch Cards

1360-02-11 ..…………………………..……………………………………………Voter Registration by Mail

1360-02-12 …..………………Electronic Vote Counting (Optical Scan) Systems Rules and Regulations

1360-02-13 ….…………………………………………Electronic Voting Machines Rules and Regulations

1360-02-14 ……………….………………………………………Absentee Voting by Mail with Punchcards

1360-02-15 ….………………………………Procedures for Early Voting on Mechanical Lever Machines

1360-02-16 …...……………………Procedures for Preparing Lists of Those Individuals Who Vote Early

1360-02-17 …...……………………………………………………………………………………..Appendices

1360-02-18 ………………………………………………………………..Downloading Early Voting Results BUSINESS AND CHARITABLE ORGANIZATIONS

1360-03-01 ……..….………………..…. Regulation of the Solicitation of Funds for Charitable Purposes

1360-03-02 ….…………………………………………………………………………………………Reserved

1360-03-03 …..……………………………………...Procedures for Operating Charitable Gaming Events

1360-03-04 …..………………………………………………..…………………...Catastrophic Illness Trusts

1360-03-05 …..…………………………………………….…Repealed (Transferred to Chapter 1350-05) ADMINISTRATIVE PROCEDURES

1360-04-01 …...........................Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies BUSINESS AND CHARITABLE ORGANIZATIONS

1360-05-01 ….…………………………………………………………………….…………Entity Formations

1360-05-02 …….…………………………………..……………………………………..….…Annual Reports BUSINESS AND CHARITABLE ORGANIZATIONS

1360-06-01 ……..……………………………………….…Certification of Municipal Clerks and Recorders BUSINESS AND CHARITABLE ORGANIZATIONS

1360-07-01 ……..…………………………………………………………………..………….……Trademarks

1360-07-02 ........................................................................................................................Notary Publics

1360-07-03 ...........................................................................................................Online Notaries Public

1360-07-04 …………………………………………………………………………Miscellaneous Databases BUSINESS AND CHARITABLE ORGANIZATIONS UNIFORM COMMERCIAL CODE

1360-08-01 ….…………………………….………..………Uniform Commercial Code General Provisions

1360-08-02 ….………………………Uniform Commercial Code Acceptance and Refusal of Documents

1360-08-03 …..……………………..Uniform Commercial Code UCC Information Management Systems

1360-08-04 …...……………………………Uniform Commercial Code Filing and Data Entry Procedures

1360-08-05 …….………………………………Uniform Commercial Code Search Requests and Reports

1360-08-06 ......................................................Filing Procedures for Affidavits and Petitions for Review BUSINESS AND CHARITABLE ORGANIZATIONS WORKERS’ COMPENSATION

1360-09-01 …..……………………………………………Repealed (Transferred to Chapter 0800-02-32)

1360-10-01 ……………........................................................................................................…..Repealed PUBLICATIONS

1360-11-01 …………………………….Tennessee Address Confidentiality Program General Provisions

1360-11-02 ……………………………………….……………Tennessee Businesses Against Trafficking LIBRARIES AND ARCHIVES

1360-12-01 ……………………………………………………………………..Public Libraries and Archives

ADMINISTRATIVE HISTORY Original chapter 1360-01-01 was filed May 16, 1974, under Chapter 491 of the Public Acts of 1974; effective June 16, 1974. Original chapters 1360-02-01 through 1360-02-10 were filed April 19, 1974; effective May 19, 1974. The Administrative History following each rule gives the date on which the rule was filed and its effective date. The Administrative History after each rule also shows the dates of any amendments or repeals. Amendments to rules 1360-02-01-.01, 1360-02-03-.03, 1360-02-04-.01, 1360-02-04-.04, 1360-02-05-.03,

1360-02-05-.06, 1360-02-05-.07, 1360-02-05-.09, 1360-02-06-.02, 1360-02-07-.02, 1360-02-07-.03,

1360-02-07-.04, 1360-02-08-.01, 1360-02-08-.04, 1360-02-09-.01 through 1360-02-09-.04, 1360-02-09- .06, through 1360-02-09-.08, 1360-02-09-.10 and 1360-02-10-.01 filed June 4, 1974; effective July 4, 1974. Amendment to rules 1360-01-01-.01 and 1360-01-01-.03 filed November 22, 1974; effective July 1, 1975. Rules 1360-01-01-.02, 1360-01-01-.04, 1360-01-01-.05 and 1360-01-01-.06 filed November 22, 1974; effective July 1, 1975. Rule 1360-01-01-.07 filed August 6, 1975; effective September 5, 1975. Chapters 1360-01-02, 1360-01-03, 1360-01-04 and 1360-01-05 filed August 6, 1975; effective September 5, 1975. Rules 1360-02-11-.01 through 1360-02-11-.09 filed August 26, 1975; effective September 24, 1975. Original chapter 1360-01-06 filed February 25, 1976; effective March 25, 1976. Amendment to rules 1360-01-01-.03, 1360-01-01-.04, 1360-01-03-.04 and 1360-01-05-.03 filed July 22, 1977; effective August 22, 1977. Original chapter 1360-01-07 filed November 22, 1978; effective January 8, 1979. Original rules 1360-02-05-.11 and 1360-02-06-.05 filed March 13, 1980; effective April 26, 1980. Amendments to rules 1360-02-01-.01, 1360-02-01-.03, 1360-02-02-.03, 1360-02-02-.07, 1360-02-03-.04,

1360-02-04-.06, 1360-02-04-.01, 1360-02-04-.03, 1360-02-04-.04, 1360-02-05-.02, 1360-02-05-.03,1360- 02-08-.01, 1360-02-08-.04, 1360-02-08-.04, 1360-02-09-.04, 1360-02-09-.06 through 1360-02-09-.11and

1360-02-10-.01 filed March 13, 1980; effective April 26, 1980. Amendment to rule 1360-03-01-.02 filed October 4, 1982; effective November 3, 1982. Repeal of chapters 1360-01-01 through 1360-01-06 and new chapters 1360-01-01 through 1360-01-05 filed May 23, 1984; effective June 22, 1984. Chapter 1360-01-07 redesignated as 1360-04-01 filed May 23, 1984; effective June 22, 1984. Original chapter 1360-03-02 filed September 11, 1985; effective October 11, 1985. Original chapter 1360-02-12 filed December 9, 1985; effective March 17, 1986. Original chapter 1360-05-01 filed June 5, 1986; effective September 13, 1986. Rules 1360-03-02-.06 through 1360-03-02-.09 filed July 22, 1986; effective October 29, 1986. Repeal and new chapter 1360-04-01 filed November 25, 1986; effective January 9, 1987. Original chapter 1360-02-13 filed February 24, 1987; effective May 27, 1987. Original chapter 1360-02-14 and amendment to rules 1360-02-04-.03, 1360-02-05-.10, 1360-02-07-.04,

1360-02-07-.05, 1360-02-07-.06, 1360-02-07-.07, 1360-02-09-.03 and 1360-02-09-.04 filed July 6, 1988; effective October 29, 1988. Amendments to rules 1360-01-01-.01, 1360-01-02-.04, 1360-01-03-.03, and 1360-01-04-.03 filed April 16, 1990; effective July 29, 1990. Amendments to rules 1360-04-01-.01 through 1360-04-01-.03, 1360-04-01-.05, 1360-04-01-.06, 1360-04- 01-.08, 1360-04-01-.09, 1360-04-01-.12, 1360-04-01-.14, 1360-04-01-.16 and 1360-04-16-.18 through

1360-04-01-.20 filed May 31, 1990; effective July 15, 1990. Repeal of and new chapters 1360-02-01 through 1360-02-10 and original chapter 1360-02-17 filed August 19, 1994; effective December 29, 1994. Original rules 1360-02-13-.25 through 1360-02-13-.35 filed October 20, 1994; effective February 28, 1995. Amendments to rules 1360-01-01-.03, 1360-01-01-.04, 1360-01-01-.05, 1360-01-02-.06, 1360-01-04-.03; original rules 1360-01-02-05, 1360-01-02-.04; repeal and new rule 1360-01-03-.03, 1360-01-04-.04 filed June 12, 1995; effective October 27, 1995. Original chapter 1360-06-01 filed August 14, 1995; effective December 29, 1995. Amendment to rules 1360-01-01-.03, 1360-01-02-.04, and 1360-01-02-.05 filed August 17, 1998; effective December 29, 1998. Repeal of rule 1360-05-01-.01 filed November 22, 1999; effective March 29, 2000. Original rule 1360-07-01 filed May 31, 2000; effective September 28, 2000. Original rules 1360-08-01, 1360-08-02, 1360-08-03, 1360-08-04 and 1360-08-05 filed October 23, 2000; effective January 6, 2001. Amendment to rule 1360-08-01-.09 filed October 25, 2002; effective February 28, 2003. Amendment to rule 1360-04-01-.06 filed February 27, 2004; effective June 28, 2004. Original rule 1360-07-02-.01 filed June 10, 2004; effective October 28, 2004. Amendment to rule 1360-08-04-.05 filed July 26, 2004; effective November 26, 2004. Emergency rules 1360-03-02-.01 through 1360-03-02-.15 filed March 4, 2005; effective through August 16, 2005. Emergency rules 1360-03-02-.01 through 1360-03-02-.15 filed August 11, 2005; effective through January 23, 2006. Emergency rules 1360-03-02-.01 through 1360-03-02-.15 filed August 11, 2005, expired on January 23, 2006. On January 24, 2006, rules 1360-03-02-.01 through 1360-03-02-.15 reverted to reserved status. Original chapter 1360-03-03 filed October 7, 2005; effective February 28, 2006. Amendments to 1360-06-01-.02 and 1360-06-01-.05 filed July 18, 2006; effective November 28, 2006. Public necessity rule new chapter 1360-03-04 filed August 1, 2007; effective through January 13, 2008. Public necessity rule 1360-03-01 filed August 22, 2007; effective through February 3, 2008. Public necessity rule 1360-03-04 filed August 1, 2007 expired effective January 14, 2008 and reverted to previous status. Public necessity rule 1360-03-01 filed August 22, 2007 expired effective February 4, 2008 and reverted to previous status. Repeal and new chapter 1360-03-01 and new chapter 1360-03-04 filed November 6, 2007; effective March 28, 2008. Amendments to rule 1360-03-01-.01 and original rule 1360-03-01-.06 filed June 30, 2008; effective October 28, 2008. Repeal and new chapters 1360-01-01, 1360-01-02, and 1360-01-03; and repeal of chapters 1360-01-04 and 1360-01-05 filed July 29, 2008; effective November 28, 2008. Amendment to rule 1360-03-01-.02 filed January 14, 2009, and to have become effective May 29, 2009, was withdrawn on March 20, 2009. Amendments to rules 1360-03-03-.03 and 1360-03-03-.05; 1360-03-03-.06 and 1360-03-03-.07 deleted and remaining paragraphs renumbered accordingly, filed January 14, 2009; effective May 29, 2009. Amendments to rules 1360-01-02-.02, .04, and .06 and rule 1360-01-03-.01 filed August 24, 2009; effective January 29, 2010. Emergency rules 1360-09-01-.01 through 1360-09-01-.10 filed December 7, 2010; effective through Junes 5, 2011. Original rules 1360-09-01-.01 through 1360-09-01-.10 filed February 9, 2011; effective May 5, 2011. Emergency rules 1360-09-01-.01 and .05 filed September 20, 2011; effective through March 18, 2012. Amendments to rules 1360-09-01-.01 and .05 filed December 14, 2011; effective March 13, 2012. Amendment to rule 1360-01-02-.04 filed October 20, 2011; effective March 30, 2012. Amendments to rules1360-01-02-.05 and 1360-01-03-.02 filed May 9, 2012; effective October 29, 2012. Amendment to rule 1360-09-01-.05 filed September 4, 2012; effective December 3, 2012. Repeal and new chapters 1360-08-01 through 1360-08-05 filed March 19, 2013; effective June 17, 2013. Emergency rule 1360-02-13-.22 filed July 29, 2014; effective through January 25, 2015. Emergency rules 1360-03-03-.03, .06, .07, .08, .09, .10, .11, .12, .13, and .14 filed August 8, 2014; effective through February 4, 2015. Emergency rule 1360-02-13-.22 filed July 29, 2014 expired effective January 25, 2015. On January 26, 2015, the rule reverted to its previous status. Emergency rules 1360-03-03-.03, .06, .07, .08, .09, .10, .11, .12, .13, and .14 filed August 8, 2014; expired effective February 4, 2015. On February 5, 2015, the rules reverted to their previous status. Original rules 1360-10-01-.01 through .07 filed April 1, 2015; effective June 30, 2015. Original rules 1360-01-08-.01 through .06 filed May 4, 2015 and to have been effective August 2, 2015. On July 2, 2015, the Department of State filed a withdrawal of the rules. Emergency rules 1360-03-05-.01 through .13 filed June 29, 2016; effective through December 26, 2016. New rules 1360-03-05-.01 through 1360-03-05-.13 filed September 26, 2016; effective December 25, 2016. Administrative changes made to chapter 1360-03-05 on March 1, 2017 due to revisions in the 2016 Tennessee Code Annotated by the Code Commission. Repeal of rules 1360-10-.01 through 1360-10-.07 filed June 6, 2017; effective September 4, 2017. Emergency rules 1360-08-01-.01, 1360-08-06-.01, and 1360-08-06-.02 filed January 25, 2018; effective through July 24, 2018. Emergency rules expired effective July 25, 2018 and reverted to their previous statuses. Amendments to rules 1360-03-05-.02, 1360-03-05-.04, 1360-03-05-.05, 1360-03-05-.06, 1360-03-05-.07,

1360-03-05-.08, and 1360-03-05-.11 filed January 30, 2018; effective April 30, 2018. Emergency rules 1360-03-03-.02 and 1360-03-03-.11 filed March 29, 2018; effective through September 25, 2018. Amendments to rule 1360-08-01-.01 and original rules 1360-08-06-.01 and 1360-08-06-.02 filed May 9, 2018; effective August 7, 2018. Amendments to rules 1360-03-03-.02 and 1360-03-03-.11 filed June 12, 2018; effective September 10, 2018. Emergency rules 1360-11-01-.01 through 1360-11-01-.08 filed October 30, 2018; effective through April 28, 2019. Emergency rules expired effective April 29, 2019, and the chapter reverted to its previous status. Emergency rules 1360-07-03-.01 through 1360-07-03-.08 filed April 15, 2019; effective through October 12, 2019. Emergency rules expired effective October 13, 2019, and the chapter reverted to its previous status. Original rules 1360-07-03-.01 through 1360-07-03-.08 filed October 9, 2019; effective January 7, 2020. Original rules 1360-11-01-.01 through 1360-11-01-.08 filed November 21, 2019; effective February 19, 2020. Emergency rules 1360-01-01-.03, 1360-01-02-.04, 1360-01-02-.05, and 1360-01-03-.02 filed March 18, 2020; effective through September 14, 2020. Emergency rules expired effective September 15, 2020, and the rules reverted to their previous statuses. Emergency rules 1360-11-01-.02, 1360-11-01-.03, and 1360-11-01-.05 filed June 2, 2020; effective through November 29, 2020. Emergency rules expired effective November 30, 2020, and the rules reverted to their previous statuses. Emergency rules 1360-01-01-.03, 1360-01-02-.04, 1360-01-02-.05, and 1360-01-03-.02 filed September 16, 2020; effective through March 15, 2021. Amendments to rules 1360-01-01-.02, 1360-01-01-.03, 1360-01-02-.01, 1360-01-02-.03, 1360-01-02-.04,

1360-01-02-.05, 1360-01-02-.06, and 1360-01-03-.02 filed July 24, 2020; effective October 22, 2020. Amendments to rule 1360-03-03-.04 filed August 12, 2020; effective November 10, 2020. Amendments to rules 1360-11-01-.02, 1360-11-01-.03, and 1360-11-01-.05 filed September 9, 2020; effective December 8, 2020. Original rules 1360-12-01-.01 through 1360-12-01-.03 filed October 23, 2020; effective January 21, 2021. New rules 1360-05-01-.01 and 1360-05-02-.01 filed January 21, 2021; effective April 21, 2021. Emergency rules 1360-11-01-.01 and 1360-11-01-.02 filed May 25, 2021; effective through November 21, 2021. Emergency rules expired effective November 22, 2021, and the rules reverted to their previous statuses. Emergency rules 1360-03-03-.01 and 1360-03-03-.15 through 1360-03-03-.20 filed August 5, 2021; effective through February 1, 2022. Emergency rules expired effective February 2, 2022, and the rules reverted to their previous statuses. Amendments to rules 1360-11-01-.01 and 1360-11-01-.02 filed December 21, 2021; effective March 21, 2022. Amendments to rules 1360-03-03-.01, 1360-03-03-.10, and 1360-03-03-.11 and new rules 1360-03-03- .15 through 1360-03-03-.20 filed December 27, 2021; effective March 27, 2022. Amendments to rules 1360-03-05-.03 and 1360-03-05-.04 filed February 23, 2022; effective May 24, 2022. Amendments to rule 1360-07-02-.01 filed September 5, 2023; effective December 4, 2023. Amendments to rules 1360-08-01-.04 and 1360-08-02-.03 filed September 5, 2023; effective December 4, 2023. Repeal of rules 1360-09-01-.01 through 1360-09-01-.10 filed September 5, 2023; effective December 4, 2023. Rule transferred to Chapter 0800-02-32 pursuant to Public Chapter 88 (2021). Repeal of rules 1360-03-05-.01 through 1360-03-05-.13 filed September 5, 2023; effective December 4, 2023. Rule transferred to Chapter 1350-05 pursuant to Public Chapter 143 (2023). Emergency rules 1360-11-02-.01 through 1360-11-02-.06 filed March 18, 2024; effective through September 14, 2024. Emergency rules expired effective September 15, 2024, and the rules reverted to their previous statuses. Amendments to rules 1360-04-01-.01 through 1360-04-01-.13, deletion of original rule 1360-04-01-.14 and renumbering of subsequent rules, amendments to newly renumbered rules 1360-04-01-.14 and

1360-04-01-.15, new rule 1360-04-01-.16, and amendments to rules 1360-04-01-.17 through 1360-04-01- .20 filed January 8, 2024; effective April 7, 2024. Amendments to rules 1360-03-01-.02, 1360-03-03-.01, 1360-03-03-.03, 1360-03-03-.04, 1360-03-03-.05,

1360-03-03-.07, 1360-03-03-.09, 1360-03-03-.10, 1360-03-03-.11, 1360-03-03-.13, and 1360-03-03-.15 filed January 8, 2024; effective April 7, 2024. New rules 1360-11-02-.01 through 1360-11-02-.06 filed July 8, 2024; effective October 6, 2024. Amendments to rules 1360-11-01-.02 and 1360-11-01-.03 filed September 9, 2024; effective December 8, 2024. Amendments to rules 1360-03-01-.02, 1360-03-01-.03, 1360-03-01-.05, and 1360-03-01-.06 filed September 9, 2024; effective December 8, 2024. Amendments to rules 1360-05-01-.01 and 1360-05-02-.01 filed August 26, 2025; effective November 24, 2025. Amendments to rule 1360-07-03-.02 filed December 2, 2025; effective March 2, 2026. New rule 1360-07-04-.01 filed February 10, 2026; effective May 11, 2026.