Section 0520-16-01-.05 - RECORDS CUSTODIAN(1) Upon receiving a public records request, the records custodian shall make requested open public records available as promptly as practicable in accordance with T.C.A. § 10-7-503.(2) If it is not practicable for the records custodian to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, to redact records, or for other similar reasons, then the records custodian shall notify the PRRC who 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 developed by the OORC stating the time reasonably necessary to produce the record or information.(3) If the records custodian determines that a public record request should be denied, he or she shall notify the PRRC, who shall deny the request in writing using the Public Records Request Response Form developed by the OORC and provide the ground(s) for denial in writing, including, but not limited to the following: (a) Requestor is not, or has not presented evidence of being, a Tennessee citizen;(b) Request lacks specificity;(c) Exemption makes the record not subject to disclosure under the TPRA;(d) The Commission is not the custodian of the requested records; or(e) The records do not exist.(4) If the records relate to another governmental entity and the PRRC is aware of the correct governmental entity, the PRRC shall advise the requestor of the correct governmental entity and PRRC for that entity, if known.(5) If the 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 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.(6) If the records custodian discovers records responsive to a records request were omitted, the records custodian shall promptly contact the requestor concerning the omission and produce the records as quickly as practicable.Tenn. Comp. R. & Regs. 0520-16-01-.05
New rules filed May 25, 2021; effective 8/23/2021.Authority: T.C.A. § 10-7-503.