Tenn. Comp. R. & Regs. 0240-01-04-.05

Current through December 10, 2024

Section 0240-01-04-.05 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Record Request Coordinator

(a) The PRRC shall review public record requests and make an initial determination of the following:

1. If the requestor provided evidence of Tennessee citizenship;

2. If the records requested are described with sufficient specificity to identify them; and

3. If the Institution is the custodian of the records.

(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

1. Advise the requestor of this rule and the elections made regarding:

(i) Proof of Tennessee citizenship;

(ii) Form(s) required for copies;

(iii) Fees (and labor threshold and waivers, if applicable); and

(iv) Aggregation of multiple or frequent requests.

2. If appropriate, deny the request in writing, providing the appropriate ground, such as one of the following:

(i) The requestor is not, or has not presented evidence of being a Tennessee citizen.

(ii) The request lacks specificity. (Offer to assist in clarification)

(iii) An exemption makes the record not subject to disclosure under the TPRA. (Provide the exemption in written denial.)

(iv) The Institution is not the custodian of the requested records.

(v) The records do not exist.

3. The PRRCs shall report to the Board of Regents on an annual basis about the Institution's compliance with the TPRA pursuant to this rule, and shall make recommendations, if any, for improvement or changes to this rule.

(2) Records Custodian

(a) Upon receiving a public records request, a records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, counsel, or the Tennessee Attorney General and Reporter.

(b) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then a records custodian shall, within seven (7) business days from the records custodian's receipt of the request, send the requestor a completed Public Records Request Response Form.

(c) If a records custodian denies a public record request, he or she shall deny the request in writing, and give the basis for the denial, which shall be general in nature and shall not disclose confidential information.

(d) If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall use the Public Records Request Response Form to notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable.

(3) Redaction

(a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.

(b) Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

Tenn. Comp. R. & Regs. 0240-01-04-.05

Original rules filed January 4, 2019; effective 4/4/2019.

Authority: T.C.A. §§ 10-7-503 and 49-8-203.