Tenn. Comp. R. & Regs. 0940-01-10-.05

Current through June 10, 2024

Section 0940-01-10-.05 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The PRRC, or an employee under the direction of the PRRC, shall review public records requests and make an initial determination of the following:

(a) If the requestor provided evidence of Tennessee citizenship, if required, pursuant to Rule 0940-01-10-.04;

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

(c) If TDMHSAS has custody of the requested records and, if so, the name of the respective records custodian; and

(d) If the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal and/or state law and whether the Privacy Counsel needs to be consulted.

(2) The PRRC, or an employee under the direction of the PRRC, shall acknowledge receipt of the request and take any of the following appropriate actions:

(a) Advise the requestor of this Rule and the elections made regarding:

1. Proof of Tennessee citizenship pursuant to Rule 0940-01-10-.04;

2. Any forms required for copies;

3. Fees, labor threshold, and waivers, if applicable; and

4. Aggregation of multiple or frequent requests.

(b) If appropriate, deny the request in writing and provide the reason for the denial, which may include but is not limited to any of the following:

1. The requestor is not, or has not presented evidence of being, a Tennessee citizen pursuant to Rule 0940-01-10-.04.

2. The request lacks specificity.

3. An exemption makes the record not subject to disclosure under the TPRA.

4. TDMHSAS is not the custodian of the requested records.

5. The records do not exist.

6. Any other legal grounds for denial.

(c) If appropriate, contact the requestor to see if the request can be narrowed.

(d) Forward the request to the appropriate records custodian in TDMHSAS.

(e) 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.

(3) The designated PRRC is the Director of Communications of TDMHSAS; provided, however, that responsibilities of the PRRC under this Rule may be delegated to one or more employees under the direction of the PRRC. The PRRC may be contacted at:

TDMHSAS Director of Communications

Andrew Jackson Building, 6^th floor

500 Deaderick Street

Nashville, TN 37243

Telephone: (615) 741-2941

Email: oc.tdmhsas@tn.gov

(4) Upon receiving a public records request, the PRRC, or an employee under the direction of the PRRC, shall promptly make requested public records available in accordance with T.C.A § 10-7-503. If the PRRC is uncertain as to whether an applicable exemption applies or whether the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal and/or state law, the PRRC will consult with the Privacy Counsel in the Division of General Counsel. The PRRC may also consult with the OORC after first consulting with the Privacy Counsel.

(5) If 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 open; to redact records; or for other similar reasons, then the PRRC, or an employee under the direction of the PRRC, shall, within seven (7) business days from the PRRC's receipt of the request, send the requestor a completed Public Records Request Response Form.

(6) If the PRRC, or an employee under the direction of the PRRC, denies a public records request, he or she shall deny the request in writing as provided in Rule 0940-01-10-.05(2)(b) using the Public Records Request Response Form.

(7) If the PRRC, or an employee under the direction of the PRRC, 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 PRRC, or an employee under the direction of the PRRC, shall use the Public Records Request Response Form to 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 PRRC, or an employee under the direction of the PRRC, should contact the requestor to see if the request can be narrowed.

(8) If the PRRC, or an employee under the direction of the PRRC, discovers records responsive to a records request were omitted from a response, then the PRRC, or an employee under the direction of the PRRC, should contact the requestor to inform him/her of the omission. The PRRC, or an employee under the direction of the PRRC, shall ascertain whether the requestor wants to inspect and/or copy the previously omitted records. Any such request shall be subject to the provisions of this Rule regarding inspection and copies of public records, and fees and charges.

Tenn. Comp. R. & Regs. 0940-01-10-.05

Original rule filed October 5, 2018; effective 1/3/2019.

Authority: T.C.A. §§ 10-7-503, 33-1-302, 33-1-303, 33-1-305, and 33-1-309.