Current through October 22, 2024
Section 1340-08-01-.03 - REQUESTING ACCESS TO PUBLIC RECORDS(1) Public record requests shall be made to the Public Records Request Coordinator (PRRC) or designee in order to ensure public record requests are routed to the appropriate records custodian and fulfilled in a timely manner.(2) Proof of Tennessee citizenship is required as a condition to inspect or receive copies of public records. (a) Proof of citizenship can be furnished by: 1. Presentation of a valid Tennessee driver's license, or other state issued photographic ID that includes the requestor's Tennessee address at the time of the request;2. Submission of a request on business letterhead with the business's address in Tennessee. Records will be sent to the Tennessee address on the letterhead and not to any other address;3. Presentation of a valid Tennessee driver license or other state issued photographic ID that includes the requestor's Tennessee address prior to the inspection of records or a requestor obtaining the records in person;4. An individual can provide a sworn, notarized statement including the requestor's Tennessee residential address as of the date of the sworn statement; or5. Anything otherwise acceptable at the discretion of the PRRC, the Commissioner of TDOSHS, or the Commissioner's designee.(b) TDOSHS reserves the right to request additional ID if the validity of the business address, identification presented, or sworn notarized statement, is in question. TDOSHS will notify a requestor in writing, when possible, of the need for additional documentation.(c) TDOSHS may also ask the person to allow, in writing via e-mail or letter, to verify the address through TDOSHS's driver license system if the person does not wish to provide a copy of the driver license or other ID.(3) Inspections. (a) Requests for inspection only cannot be required to be made in writing. The PRRC should request a mailing or email address from the requestor for providing any written communication required under the TPRA.(b) Requests for inspection may be made orally or in writing by: 1. Mailing to 312 Rosa L. Parks Avenue, 25th Floor, Nashville, TN 37243;2. Phone at 615-251-5166; or3. E-mail to Safety.OpenRecords@tn.gov.(c) All inspections must be arranged by appointment only.(d) Requests to inspect personnel files or disciplinary files of law enforcement personnel will require the Tennessee Department of Safety Request for Personnel File Inspection/Copies Form (SF-1079), to be provided prior to inspection in order to comply with T.C.A. § 10-7-504(g). The form is located at https://www.tn.gov/safety/publicsafety/openrecords.html. 1. While requests may be made in person, requested files may not be readily available. The requestor may be asked to schedule an inspection time in order for TDOSHS to locate, review, and, if necessary, redact any and all requested files.2. The law enforcement officer whose file has been requested will be provided notice of who requested the file as required by T.C.A. § 10-7-504(g).(4) Requests for copies or for inspection and copies.(b) Requests to inspect or for copies of personnel files or disciplinary files of law enforcement personnel will require the Tennessee Department of Safety Request for Personnel File Inspection/Copies Form (SF-1079), to be provided prior to inspection or production of files in order to comply with T.C.A. § 10-7-504(g). The form is located at https://www.tn.gov/safety/publicsafety/openrecords.html. 1. While requests may be made in person, requested files may not be readily available. The requestor will be asked to schedule an inspection time in order for TDOSHS to locate, review, and, if necessary, redact any and all requested files.2. The law enforcement officer whose file has been requested will be provided notice of who requested the file as required by T.C.A. § 10-7-504(g).(c) Requests can be made by: 1. Mail to 312 Rosa L. Parks Avenue, 25th Floor, Nashville, TN 37243;2. Phone at 615-251-5166;3. E-mail to Safety.OpenRecords@tn.gov; or4. To any Tennessee Highway Patrol District Headquarters.(5) Statistical data of TDOSHS is available online for the categories listed below: (d) Handgun Carry Permits: https://www.tn.gov/safety/handgunmain.htmlTenn. Comp. R. & Regs. 1340-08-01-.03
Public necessity rule filed November 5, 2008; effective through April 19, 2009. Original rule filed November 5, 2008; effective March 30, 2009. Amendments filed December 5, 2018; effective March 5, 2019. Amendments filed June 9, 2023; effective 9/7/2023.Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.