Tenn. Comp. R. & Regs. 0690-06-02-.04

Current through June 26, 2024

Section 0690-06-02-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Upon receipt of a public records request, the PRRC will review the request and make a determination of the following:

(a) If the Requestor provided evidence of Tennessee citizenship pursuant to rule 0690-06-02-.03;

(b) If the records requested are described with sufficient specificity to identify them;

(c) If the Department is the custodian of the Public Records;

(d) If the records requested, or any of their contents, are not subject to disclosure based on applicable federal or state laws or rules; and

(e) If applicable, the Department will inform the Requestor, in writing, of the reasonable copying and labor charges to produce copies and any determinations made regarding aggregation of multiple or frequent requests.

(2) The PRRC, in conjunction with the Records Custodian, shall make available any Public Record not specifically exempt from disclosure.

(a) In the event 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 subject to inspection; to redact records; or for other similar reasons, then within seven (7) business days of a public records request, the PRRC shall:

1. Make the Public Record available to the Requestor;

2. Deny the request in writing, including the basis for the denial; or

3. Furnish the Requestor written explanation of the time reasonably necessary to produce the Public Record.

(3) If appropriate, the Department will deny the request in writing, providing the ground for denial which may include, but shall not be limited to:

(a) The Requestor is not, or has not presented evidence, of being a Tennessee citizen;

(b) The request lacks specificity;

(c) The Public Record is not subject to disclosure under the TPRA. The provision in the law making the Public Record not subject to public disclosure shall be identified in the written denial;

(d) The Department is not the custodian of the requested Public Record;

(e) The records do not exist; or

(f) Any other legal ground for denial.

(4) If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity to which the public records request should be made, the PRRC will advise the Requestor of the correct governmental entity and the PRRC for that entity, if known.

(5) If a Public Record contains information not subject to disclosure under the TPRA, the Department shall prepare a redacted copy of the Public Record prior to providing access. Whenever a redacted record is provided, the Department should provide the Requestor with the basis for redaction.

Tenn. Comp. R. & Regs. 0690-06-02-.04

Original rules filed November 26, 2018; effective 2/24/2019.

Authority: T.C.A. §§ 4-3-1102, 4-4-103, 10-7-503, and 10-7-506.