Section 1350-04-.05 - RESPONDING TO PUBLIC RECORDS REQUESTS(1) The PRRC shall review public record requests and make an initial determination of the following:(a) Proof of Tennessee citizenship;(b) Sufficiency of description of the records to allow specific identification;(c) Whether the Sports Wagering Council is the custodian of the records; and(d) Whether there is an exemption to access.(2) The PRRC shall acknowledge the receipt of all requests received from a requestor identifying as a Tennessee citizen and take any of the following appropriate actions:(a) Advise the requestor of these Rules, including:1. The requirement for proof of Tennessee citizenship;2. Form(s) required for copies;4. Aggregation of multiple or frequent requests.(b) If appropriate, deny the request in writing, providing the appropriate grounds for denial, including but not limited to the following:1. The requestor is not, or has not presented evidence of being, a Tennessee citizen;2. The request lacks specificity;3. An exemption makes the record not subject to disclosure under the TPRA (the PRRC shall provide the exemption in the written denial);4. The Sports Wagering Council is not the custodian of the requested records; and/or,5. The records do not exist.(c) If appropriate, contact the requestor to inquire whether the request may be clarified or narrowed;(d) Forward the records request to the appropriate records custodian within the Sports Wagering Council; or(e) If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, the PRRC may advise the requestor of the correct governmental entity and PRRC for that entity, if known.(3) Upon receiving a public records request, a records custodian shall make requested public records available in accordance with applicable law.(4) If not practicable to provide requested records, the PRRC or the applicable records custodian shall, within seven (7) business days from the PRRC's receipt of the request, respond to the requestor with a Public Records Request Response form or email with equivalent information.(5) If a public record request is denied, the PRRC shall deny the request in writing, providing the basis for the denial.(6) If a records custodian or 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 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 or PRRC should contact the requestor to inquire whether the request can be narrowed.(7) If, within a time reasonably close to the original request, a records custodian or the PRRC discovers records responsive to a records request were omitted, the records custodian or PRRC shall contact the requestor concerning the omission and produce the records as quickly as practicable.(8) If a record contains confidential information or information that is not open for public inspection, the records custodian or PRRC shall prepare a redacted copy prior to providing access. The PRRC shall consult with counsel as necessary to ensure appropriate redactions are made.Tenn. Comp. R. & Regs. 1350-04-.05
Emergency rules filed December 22, 2021 to become effective January 1, 2022; effective through June 30, 2022. New rules filed March 22, 2022; effective June 20, 2022. Administrative corrections made to council name on December 14, 2023, pursuant to Public Chapter 450 of 2023.Authority: T.C.A. §§ 10-7-501, et seq.