Tenn. Comp. R. & Regs. 0800-02-29-.04

Current through September 10, 2024

Section 0800-02-29-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Records Custodian shall review public record requests and make an initial determination of the following:

(a) If the requestor provided evidence of Tennessee citizenship;

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

(c) If the Bureau of Workers' Compensation is the custodian of the records.

(2) The Records Custodian shall acknowledge receipt of the request and may take any of the following appropriate action(s):

(a) Advise the requestor of these Rules regarding:

1. Proof of Tennessee citizenship;

2. Form(s) required for copies;

3. Fees; and

4. Aggregation of multiple or frequent requests.

(b) If the request is denied, the Records Custodian shall provide a notice and include the appropriate grounds for denial which may include but shall not be limited to:

1. The requestor is not, or has not presented evidence of being, a Tennessee citizen.

2. The request lacks specificity.

3. The TPRA or other law exempts the record from disclosure (absent any required signed authorization, subpoena or court order issued by a state or federal court).

4. The Bureau of Workers' Compensation is not the custodian of the requested records.

5. The records do not exist.

(c) Contact the requestor to see if the request can be narrowed.

(d) Forward the records request to the appropriate personnel who have access to the requested information in the Bureau of Workers' Compensation.

(e) If requested records are in the custody of a different governmental entity, and the Records Custodian knows the correct governmental entity, advise the requestor of the correct governmental entity for that entity.

(f) Upon receiving a valid public records request, a records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies, the custodian may consult with the Bureau's Attorney or the OORC.

(3) If not practicable to timely provide requested records then a records custodian shall notify the requester that additional time will be necessary.

(4) If a records custodian denies a public record request, he or she shall deny the request in writing as provided herein.

(5) If a 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) Redaction: If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian shall coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian may also consult with the OORC or with the Office of Attorney General and Reporter.

Tenn. Comp. R. & Regs. 0800-02-29-.04

Original rules filed July 10, 2019; effective 10/8/2019.

Authority: T.C.A. § 10-7-503.