Tenn. Comp. R. & Regs. 0250-06-01-.02

Current through October 22, 2024
Section 0250-06-01-.02 - DEFINITIONS

(1) "Commissioner" is the executive officer in charge of the Tennessee Department of Children's Services.

(2) "Commissioner's Designee" means Deputy Commissioner, Assistant Commissioners, Staff Attorneys, Directors, Program Managers and/or employees of the Department of Children's Services.

(3) "Non-routine Copy" is a copy, whether of paper or of electronically stored data, which requires more than minimal staff assistance, e.g., odd or oversize pages, bound documents, or manipulation of electronically stored data.

(4) "Public Record"

(a) "Public Record" means, for purposes of this Chapter, any record of the Department that is deemed to be open to inspection of the public pursuant to the provisions of the Tennessee Public Records Act, T.C.A. §§ 10-7-501 et seq., and pursuant to court order and case law interpreting the Act.

(b) The term "Public Record" does not include any data in any record, or any portion of a record, that is:

1. protected as confidential or privileged pursuant to any state law or regulation, or federal law or regulation, or under any court order; or

2. protected as privileged under any statutory or common law privilege; or

3. protected as any attorney work product; or

4. protected by the attorney/client or any other professional privilege, or

5. reasonably expected by its disclosure to reveal the name or location of a source that is protected by state or federal law or regulation as part of any statutory or regulatory requirements for reporting of abuse, neglect or harm, or that is protected by state or federal law or regulation as part of any statutory or regulatory requirement for the purpose of protecting any person from the threat of domestic violence.

(5) "Record"

(a) The term "Record" includes, for purposes of this Chapter, any data and/or documents developed and maintained by the Department, or that have been received and are maintained by the Department, during the normal course of the Department's business activities.

(b) "Records" subject to this Chapter may be maintained on paper, magnetically, or electronically, on a single computer or computer system, whether on disk, tape or otherwise.

(6) "Routine Copy" is a paper copy of a record which, to be made, requires minimal staff assistance, i.e., pages which are either 81/2" x11" or 81/2" x14" and can be automatically printed from electronically stored records or automatically fed into a standard copier. Any records, even if stored electronically or magnetically, shall not be deemed routine copies if it is necessary to print the copies of the record by means of a separate screen-print for each individual page of the record.

Tenn. Comp. R. & Regs. 0250-06-01-.02

Original rule filed September 19, 2006; effective December 3, 2006.

Authority: T.C.A. §§ 4-5-201 et seq.,37-5-112; 10-7-503 and 10-7-506; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).