Section 1340-08-01-.05 - RESPONDING TO PUBLIC RECORDS REQUESTS(1) Public Record Request Coordinator (PRRC):(a) The PRRC shall review public record requests and make an initial determination of the following:1. If the requestor provided evidence of Tennessee citizenship;2. If the records requested are described with sufficient specificity to identify them; and3. If TDOSHS is the custodian of the records.(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):1. Advise the requestor of this rule and the determinations made regarding: (i) Proof of Tennessee citizenship;(ii) Fees (and labor threshold and waivers, if applicable); and(iii) Aggregation of multiple or frequent requests.2. If appropriate, deny the request in writing, providing the appropriate ground such as one (1) of the following: (i) The requestor is not, or has not presented evidence of being, a Tennessee citizen;(ii) The request lacks specificity. TDOSHS may work with requestors to clarify the request;(iii) An exemption makes the record not subject to disclosure under the TPRA, and inform the requestor of the specific exemption;(iv) TDOSHS is not the custodian of the requested records; and/or(v) The records do not exist.3. If appropriate, contact the requestor to see if the request can be narrowed.4. Forward the records request to the appropriate records custodian in TDOSHS.5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity, if known.(c) The PRRC(s) shall report to the Commissioner or the Commissioner's designee on an annual basis about the governmental entity's compliance with the TPRA pursuant to this policy and shall make recommendations, if any, for improvement or changes to this policy.(2) Records Custodian:(a) Upon receiving a 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 PRRC, TDOSHS Legal counsel, or the Attorney General's office.(b) If 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 a records custodian or PRRC shall, within seven (7) business days from the date TDOSHS receives the request, send the requestor a written response which shall include a statement of the time reasonably necessary to produce the records.(c) If a records custodian denies a public record request, they shall deny the request in writing as provided in Rule 1340-08-01-.05(b)(2).(d) If a records custodian reasonably determines production of records should be provided in installments 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, in writing, that production of the records will be in installments 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 a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable. If there is an error in the mailing of records, the records custodian shall correct the mailing error 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 prepare a redacted copy prior to providing access. 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 Office of Attorney General and Reporter.(b) Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.Tenn. Comp. R. & Regs. 1340-08-01-.05
New rule filed September 21, 2009; to be effective February 28, 2010; however on January 26, 2010, the Department of Safety withdrew the rule. Original rule filed May 27, 2010; effective October 29, 2010. Amendments filed January 11, 2016; effective April 10, 2016. 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; 8-4-604(a)(1); 10-7-501, et seq.; 10-7-503, et seq.; and 55-50-204.