Section 1340-08-01-.09 - AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS(1) TDOSHS will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month (either from a single individual or a group of individuals deemed working in concert).(2) Aggregation: (a) The level at which records requests will be aggregated is at the departmental level.(b) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.(c) When the total number of requests made by a single requestor, or multiple requestors who the PRRC deems to be working in concert, during a calendar month exceeds four (4), the PRRC or records custodian shall charge the requestor a fee for all labor that is reasonably necessary to produce copies of the requested records. The requestor is not entitled to one (1) free hour of labor before additional costs are assessed.1. When the total number of requests in a calendar month exceed four (4), the requestor must be notified in writing that a fee will be charged for all labor reasonably necessary to produce additional materials for copying, what requests have been aggregated, and the dates and fees associated with each request.2. Labor costs shall be assessed as set forth in the Schedule of Reasonable Charges set for by the Comptroller of the Treasury Office of Open Records Counsel.(d) The total number of public records requests made by a requestor and by any other individual may be aggregated if the PRRC reasonably believes the requestor(s) to be acting in concert with or as the agent of another person, entity, or organization. When aggregating requests to one (1) or multiple requestors, the PRRC shall provide a notice of aggregation to all requestors.(e) If a PRRC or records custodian aggregates multiple requests by multiple requestors, they must promptly inform the requestors, in writing, of the determination to aggregate, that each individual has the right to appeal the aggregation determination to the OORC, and the estimated cost of labor associated with the aggregated requests.(3) Requests for items that are routinely released and readily accessible, such as agendas and meeting minutes, are exempt from this provision.(4) Any dispute regarding aggregation shall be brought to the OORC.Tenn. Comp. R. & Regs. 1340-08-01-.09
Original rule filed December 5, 2019; 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.