Tenn. Comp. R. & Regs. 0780-07-02-.03

Current through June 26, 2024

Section 0780-07-02-.03 - DEFINITIONS

As used in this chapter, unless the context otherwise requires:

(1) "Assistant Commissioner" means an assistant commissioner of TDCI, or an assistant commissioner's designee.

(2) "Commissioner" means the commissioner of TDCI or the commissioner's designee. If the commissioner or the commissioner's designee is absent and unable to act or the office of the commissioner is vacant, a deputy commissioner.

(3) "Confidential Record" means any departmental record that is considered confidential or privileged under federal or state law, including, without limitation and without waiving any privilege or any right to confidentiality available under federal or state law, as follows:

(a) Any record or portion of any record that is not subject to public inspection or is defined as confidential under the TPRA;

(b) Any record or portion of any record that is otherwise protected as confidential or privileged under any federal or state law or regulation or pursuant to any court order;

(c) Any record that is protected under the attorney-client privilege;

(d) Any record that is protected under the attorney work product doctrine; and

(e) Any record that is protected under any other statutory or common law privilege.

(4) "Department" means the Tennessee Department of Commerce and Insurance ("TDCI").

(5) "Deputy Commissioner" means a deputy commissioner of TDCI, or a deputy commissioner's designee.

(6) "Office of Open Records Counsel" or "OORC" means the office established by T.C.A. §§ 8-4-601 et seq., within the Tennessee Comptroller of the Treasury.

(7) "Public records" means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business by the department. Public records do not include the device or equipment that may have been used to create or store a public record, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment. See T.C.A. § 10-7-503.

(8) "Public Records Request Coordinator" or "PRRC" means the individual who has, or individuals who have, the responsibility to ensure public records requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA, or the designee of the PRRC. The PRRC shall be the individual(s) designated as Associate General Counsel for Administration.

(9) "Records Custodian" means the official or employee lawfully responsible for the direct custody and care of public records. The records custodian is not necessarily the original preparer or receiver of the record.

(10) "Redacted record" means a public record from which confidential information is removed or made obscure prior to release or inspection.

(11) "Request form" means the most current records request form developed by the OORC at the time of the request and may include the form as adopted by TDCI.

(12) "Requestor" means a Tennessee citizen requesting access to public records, whether it is for inspection or duplication.

(13) "Response form" means the most current records response form developed by the OORC at the time of the request and may include the form as adopted by TDCI.

(14) "TPRA" means the Tennessee Public Records Act, T.C.A. §§ 10-7-501 et seq.

Tenn. Comp. R. & Regs. 0780-07-02-.03

Original rule filed November 22, 2010; effective February 20, 2011. Amendments filed October 23, 2020; effective 1/21/2021.

Authority: T.C.A. §§ 8-4-601; 10-7-501, et seq.; and 2008 Public Chapter 1179.