Section 0780-07-02-.05 - RESPONDING TO A PUBLIC RECORDS REQUEST(1) Public Records Request Coordinator(a) Upon receipt of a public records request, the PRRC shall: 1. Review the request and make an initial determination of the following: (i) Whether the requestor provided evidence of Tennessee citizenship;(ii) Whether the records requested are described with sufficient specificity to identify them; and(iii) Whether the department is the custodian of the requested records.2. Acknowledge receipt of the request and take any of the following actions as appropriate: (i) Advise the requestor of the need for any of the following documentation that was not provided with the initial request: (I) Proof of Tennessee citizenship; or(II) Request form(s) for copies.(ii) Deny the request in writing, using the response form, if one of the following applies: (I) Requestor is not, or did not present proof that requestor is, a Tennessee citizen;(II) Request lacks sufficient detail or is too broad in scope to identify the specific records to be provided for inspection or copying. If appropriate, the PRRC should contact the requestor to see if the request can be narrowed;(III) The record is not subject to disclosure under the TPRA. The PRRC must provide the specific reference in the denial;(IV) The record does not exist; or(V) The department is not the custodian of the requested records. If the records relate to another governmental entity and the PRRC is aware of the correct entity, the PRRC should advise the requestor of the correct entity and the PRRC for that entity, if known.(iii) Forward the request to the appropriate records custodian within TDCI.(2) Records Custodian(a) Upon receiving a public records request from the PRRC, the records custodian shall promptly make the requested records available, if not specifically exempt from disclosure.(b) If it is not practicable for the records custodian to promptly make the requested records available because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to the records; to determine whether the records are open; to redact records; or for similar reasons, then the records custodian shall, within seven (7) business days from the records custodian's receipt of the request, send the requestor a response form via email, fax or U.S. mail. The response form shall include a statement of the time reasonably necessary to produce the records. If the records still cannot be produced within the time frame provided in the initial response form, the records custodian should send another response form or letter, whichever is appropriate, indicating when the requestor can expect to receive the records.(c) If the records custodian denies a public records request, he or she shall deny the request in writing.(d) If the records custodian determines the 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.(e) If the records custodian discovers that records responsive to a records request were omitted, the records custodian shall contact the requestor concerning the omission and produce the records as quickly as practicable.(3) Redaction (a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall redact the information prior to providing access for an inspection or copies. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.(b) When a redacted record is provided, the records custodian shall provide the requestor with a general basis for redaction. The basis given for redaction shall not disclose confidential information. The records custodian is not required to produce a privilege log or similar document.Tenn. Comp. R. & Regs. 0780-07-02-.05
Original rule filed October 23, 2020; effective 1/21/2021.Authority: T.C.A. §§ 10-7-501, et seq.