Section 0240-07-01-.03 - PROCEDURES TO ACCESS PUBLIC RECORDS(1) Generally. (a) Except for confidential records as prescribed by law, public records will be open for inspection by citizens of Tennessee during business hours which shall be the business hours of the University's administrative offices.(b) Requests for inspection only may be made orally and cannot be required to be made in writing. Requests for copies, or requests for inspection and copies, must be made in writing. The Request to Inspect or Copy Public Records form may be used, but a written request in any form or format will be acceptable. Requests may be made to the Coordinator(c) Persons requesting to inspect or copy records must show proof of Tennessee citizenship with a government-issued photo identification card including the person's address (i.e., driver's license, voter's registration, etc.).(2) Public Records Request Coordinator. (a) MTSU will publish the name, telephone number, email address and office location of the Coordinator.(b) The Coordinator 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; and3. If MTSU is the custodian of the records.(c) The Coordinator shall acknowledge receipt of the request and take any of the following appropriate action(s):1. Advise the requestor of determinations made regarding: (i) Proof of Tennessee citizenship;(ii) Form(s) required for copies;(iii) Fees and charges, including labor and programming costs;(iv) Aggregation of multiple or frequent requests.3. Deny the request in writing using the Public Records Request Response, which shall indicate the basis for the specific legal denial, including, but not limited to: (i) The requestor is not, or has not presented evidence of being, a Tennessee citizen;(ii) The request lacks specificity;(iii) An exemption makes the record not subject to disclosure;(iv) The University is not the custodian of the requested records;(v) The records do not exist.4. If appropriate, contact the requestor to see if the request can be narrowed or the scope of the request clarified.5. Forward the records request to the appropriate records custodian.6. If the Coordinator knows that the requested records are in the custody of a different governmental entity, advise the requestor of the correct governmental entity and the coordinator for that entity, if known.(3) The University is not required to sort through files to compile information, create records, or recreate records that do not exist.(4) Form or Format of Record to be Inspected/Copied. Actual records will be produced or used for viewing and/or copying. The nature of certain records and applicable confidentiality requirements, however, may result in providing the requested record/information in a form or format other than the original records form or format. In such cases, the records custodian may coordinate with the requestor to find an alternate form or means of providing access to the same desired record or information as available under the open records laws.(5) Redaction. (a) With the exception of records which are confidential in their entirety (for example, student education records protected by FERPA), 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 the records for inspection or copies of the records.(b) Whenever a redacted record is provided, the records custodian should provide the requestor with the basis for redaction. The basis given shall be general in nature and not disclose confidential information.(6) Inspection of Records. If the request is to inspect records, the records custodian will arrange a location for the requestor to do so and may, under reasonable circumstances, require an appointment for inspection. Inspection must be made in the presence of the records custodian. Custody of the original record is not to be relinquished.(7) Time Required to Produce Records. All efforts will be made to provide the records within a reasonable period of time. If the record cannot be produced within seven (7) business days (i.e., time is needed to determine if the records exist; additional time is needed to search for, retrieve, or otherwise gain access to records; or it will take additional time to redact confidential information from the record), the requestor shall be advised when the record(s) will be available using a Public Records Request Response. If the request will be denied, a Public Records Request Response must be sent within seven (7) business days.Tenn. Comp. R. & Regs. 0240-07-01-.03
Original rules filed January 3, 2019; to have become effective April 3, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/2/2019.Authority: T.C.A. § 10-7-503.