Section 0520-12-03-.03 - RESPONDING TO PUBLIC RECORDS REQUESTS(1) Public Records Request Coordinator(a) The PRRC shall review public record requests received by the Department 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 the Department is the custodian of the records.(b) The PRRC shall acknowledge receipt of the request and take at least one (1) of the following actions, as appropriate:1. Advise the Requestor of: (i) Any determinations regarding proof of Tennessee citizenship; (iii) Aggregation of multiple or frequent requests.2. 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 or needs clarification;(iii) The records requested are not subject to inspection under state or federal law;(iv) The Department is not the custodian of the requested records; or(v) The requested records do not exist;3. Contact the Requestor to see if the request can be narrowed or clarified;4. Forward the records request to the appropriate Records Custodian in the Department with notice of the date the request was received and the deadline for when a response to the request is due; or5. 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.(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 requested records are not exempt from disclosure. If the Records Custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, counsel, or the OORC.(b) If a Records Custodian determines that it is 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 the Records Custodian or PRRC shall, within seven (7) business days from the Records Custodian's receipt of the request, send the Requestor a completed public records request response.(c) 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 or PRRC shall, within seven (7) business days from the from the Records Custodian's receipt of the request, send the Requestor a public records request response informing the Requestor that the production of records will be in segments and that a records production schedule will be provided as expeditiously as practicable.(d) If a Records Custodian determines that a public records request should be denied, the Records Custodian or PRRC shall, within seven (7) business days from the from the Records Custodian's receipt of the request, deny the request in writing and shall include the basis for denial.(e) If a Records Custodian discovers records responsive to a public records request were omitted in a production, the Records Custodian or PRRC shall 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 shall 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 or PRRC shall 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. 0520-12-03-.03
Original rules filed April 9, 2019; effective 7/8/2019.Authority: T.C.A. §§ 10-7-503 and 49-1-201.