Section 0240-07-01-.04 - COPYING OF PUBLIC RECORDS(1) The records custodian will make copies, or arrange for copies to be made, as well as determine copy fees and charges in the most economic and efficient manner practicable. An itemized estimate of the charges to be assessed for copies and labor should be provided to the requestor using the Request to Inspect or Copy Public Records form prior to producing the requested copies. Payment of fees and charges are to be made in advance. A requestor will be allowed to make copies of records with a camera or a cell phone if the number of pages to be copied is twenty-five (25) pages or less.(2) Copy Format (a) Notwithstanding the form of the records, reproduction or copying of records shall be made in a form as best determined by the records custodian.(b) Electronic data and documents will be produced in a read-only format.(c) If the requested records exist electronically, but not in the format requested, or a new or modified computer program or application is necessary to put the records in a readable and reproducible format; or it is necessary to access backup files, the records custodian shall charge the requestor the actual costs incurred in producing the records in the format requested, or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format, or in accessing backup files.(d) Records should be produced electronically whenever feasible as a means of utilizing the most cost effective method of producing records.(3) If a records custodian reasonably determines that 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 notify the requestor by using the Public Records Request Response form that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable.(4) If a records custodian discovers records responsive to a records request were omitted, the requestor should be contacted concerning the omission and the records produced as quickly as possible.(5) Copies will be available for pickup at a location specified by the records custodian. At the requestor's request, and upon payment of postage, copies will be mailed to the requestor via USPS first-class mail.(6) Fees and Charges. (a) No fees or charges may be imposed for inspection of records, even if copies of records were required to be made to allow for redaction of confidential information.(b) An itemized estimate of the fees and charges should be provided to the requestor. Payment of this amount must occur prior to copies being made. Payment in full of the actual costs must be made prior to release of the requested copies. Both the estimated charges and the actual charges may be included on the Request to Inspect or Copy Public Records form.(c) MTSU will publish the per page copy charges and a schedule of any other costs. Labor charges will be calculated and imposed as allowed by the Office of Open Records Counsel.(7) If the total amount of fees, labor/programming charges, and postage is less than twenty dollars ($20.00), the cost will be waived.Tenn. Comp. R. & Regs. 0240-07-01-.04
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.