Tenn. Comp. R. & Regs. 0500-09-01-.04

Current through January 8, 2025

Section 0500-09-01-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records 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 pursuant to Rule 0500-09-01-.03;

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

3. If ECD is the custodian of the records; and

4. If the records requested or any of their contents are not subject to disclosure based on applicable federal or state laws or rules.

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

1. Advise the Requestor of any elections made regarding:

(i) Proof of Tennessee citizenship pursuant to Rule 0500-09-01-.03;

(ii) Form(s) required for copies;

(iii) Fees and labor threshold and waivers; 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. ECD may work with the Requestor to clarify the request.

(iii) An exemption makes the record not subject to disclosure under the TPRA. ECD will notify the Requestor of the specific exemption.

(iv) ECD is not the custodian of the requested records.

(v) The records do not exist.

3. If appropriate, contact the Requestor to see if the request can be narrowed.

4. Forward the records request to the appropriate records custodian in ECD.

5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor of the correct governmental entity and PRRC for that entity if known.

(c) The designated PRRC is the Director of Contracts of ECD; provided, however, that the responsibilities of the PRRC under this Rule may be delegated to one or more employees under the direction of the PRRC. The PRRC may be contacted at:

Tennessee Department of Economic and Community Development

ECD Legal 312 Rosa L. Parks Ave., 27th Floor,

Nashville, Tennessee 37243

Telephone: 615-532-6346

Email: ECD.PublicRecords@tn.gov

(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, legal counsel, or the OORC.

(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, the Requestor shall be notified in writing.

(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 notify the Requestor in writing 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 legal 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. 0500-09-01-.04

Original rules filed March 11, 2019; effective 6/9/2019.

Authority: T.C.A. §§ 4-3-702, 4-3-706, and 10-7-503.