Tenn. Comp. R. & Regs. 0520-16-01-.04

Current through June 26, 2024
Section 0520-16-01-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS
(1) The PRRC shall review public record requests and make an initial determination of the following:
(a) If the requestor has provided evidence of Tennessee citizenship;
(b) If the records requested are described with sufficient specificity to identify them; and
(c) If the Commission is the custodian of the records requested.
(2) The PRRC shall acknowledge receipt of the request and take any of the following action(s), as appropriate:
(a) Advise the requestor of these rules and the elections made by the Commission regarding:
1. Proof of Tennessee citizenship;
2. Fees (and labor threshold and waivers if applicable);
3. Aggregation of multiple or frequent requests.
(b) Deny the request in writing if an appropriate ground applies, including the basis for the denial, using the Public Records Request Response Form developed by the OORC. Appropriate grounds for denial include, but are not limited to, the following:
1. Requestor is not, or has not presented evidence of being, a Tennessee citizen;
2. Request lacks specificity;
3. Exemption makes the record not subject to disclosure under the TPRA;
4. The Commission is not the custodian of the requested records;
5. The records do not exist.
(c) If appropriate, contact the requestor to see if the request can be narrowed.
(d) Forward the records request to the appropriate records custodian and advise the requestor of such action.
(e) If the records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct entity and PRRC for that entity, if known.
(3) The designated PRRC(s) for the Commission is the General Counsel of the State Board and, in the absence of the General Counsel, the State Board's Director of Legislative and External Affairs. Contact information is available on the Commission's website.

Tenn. Comp. R. & Regs. 0520-16-01-.04

New rules filed May 25, 2021; effective 8/23/2021.

Authority: T.C.A. § 10-7-503.