Tenn. Comp. R. & Regs. 0780-07-02-.04

Current through June 26, 2024
Section 0780-07-02-.04 - MAKING A PUBLIC RECORDS REQUEST
(1) All public records requests shall be made to the PRRC in order to ensure public records requests made pursuant to the TPRA are routed to the records custodian and fulfilled in a timely manner. All public records requests by or on behalf of news media organizations shall be made to the department's communications director.
(2) Proof of Tennessee citizenship is required as a condition to inspect or receive copies of public records as authorized by T.C.A. § 10-7-503.
(a) Proof of citizenship may be furnished by the presentation of a valid Tennessee driver's license, other state-issued photographic identification, or an alternate form of identification acceptable to the PRRC that includes the requestor's Tennessee address.
(b) Notwithstanding lack of Tennessee citizenship, records may be released or made available to any complainant or respondent seeking information contained within the complaint file(s) to which complainant or respondent is a party, any state or federal agency conducting official business, or any person to whom the release of the records is determined to be in the best interests of the state of Tennessee by the commissioner, deputy commissioner, or assistant commissioner.
(3) Requests for Inspection
(a) Requests for inspection may be communicated to the PRRC in person or via telephone, mail, fax, or email. A written request for inspection shall not be required. The PRRC may request written verification of a verbal request in order to facilitate recordkeeping and ensure accuracy in fulfilling the request; however, the PRRC shall not require written verification unless otherwise authorized by law. Requestors shall ensure the department has sufficient and accurate information to fulfill any request for inspection.
1. The Department's contact information for making requests for inspection is as follows:

500 James Robertson Parkway

Davy Crockett Tower

Nashville, TN 37243

Telephone: (615) 741-3388

Fax: (615) 741-4000

Email: TDCIopen.Records@tn.gov

(b) The PRRC may request a mailing and/or email address from the requestor for the purpose of providing any responsive written communication required under the TPRA. Requestors shall reasonably provide such contact information.
(c) Pursuant to T.C.A. § 10-7-503, if a requestor makes two (2) or more requests to inspect public records within a six (6) month period and, for each request, the requestor fails to inspect the public records within fifteen (15) business days of receiving notification that the record is available for inspection, then the department is not required to comply with any subsequent public records request from the requestor for a period of six (6) months from the date of the second request to view the public record unless the department determines the failure to inspect the public records was for good cause.
(4) Requests for Copies
(a) Requests for copies, or requests for inspection and copies, shall be made in writing using the request form and submitted to the PRRC in person or via mail, fax, or email. If the commissioner, deputy commissioner, or assistant commissioner determines that completion of the request form creates an undue burden on the requestor, then a clear, documented email or other substitute writing may be sufficient for the request.
1. The Department's contact information for making requests for copies is as follows:

500 James Robertson Parkway

Davy Crockett Tower

Nashville, TN 37243

Telephone: (615) 741-3388

Fax: (615) 741-4000

Email: TDCIopen.Records@tn.gov

(b) Requests for copies of records during or following an inspection of records shall be made in writing, and the department shall be notified of the number of copies that the requestor wishes to make. A requestor may not use the requestor's personal equipment to make copies until a written request has been submitted and authorization granted by the PRRC.
(5) Standing public records requests shall not be permitted. Requestors shall submit a new request for inspection or copies of records each time the requestor would like to inspect or receive copies of responsive records.

Tenn. Comp. R. & Regs. 0780-07-02-.04

Original rule filed October 23, 2020; effective 1/21/2021.

Authority: T.C.A. §§ 10-7-501, et seq.