Section 1700-07-01-.02 - REQUESTS FOR ACCESS TO RECORDS(1) Processing of Requests to View Public Records.(a) An in-person request for access to public records shall be made during the regular business hours of the Department from 8:00 AM to 4:30 PM, Monday through Friday, except for holidays.(b) All requests for access to public records of the Department made in-person, or by any other means, shall be directed to the Records Custodian, Tennessee Department of Treasury, 502 Deaderick Street, 10th Floor, Andrew Jackson State Office Building, Nashville, Tennessee 37243.(c) All requests for access to the Department's public records shall identify with reasonable specificity the record, set or system of records which is requested.(d) Requests will be processed on a first-come, first-served basis; provided, that the State Treasurer, or the Treasurer's designee, may at any time alter this provision when circumstances warrant.(2) Prior Review and Assessment for Confidential, Privileged or Protected Material. (a) Review, Assessment and Redaction for Access to Records.1. Before providing access to the requested record, Department staff shall review the requested record or records as quickly as reasonably possible, consistent with the availability of appropriate staff and with regard to the scope of the records request, and make an assessment of the status of the records, the scope of the requested access, and the time required for a response.2. Upon review, Department staff will redact any data or information prior to release of the record, or portion of the record, that it determines has, or may have, confidential, privileged or otherwise protected material in the record that is subject to the Tennessee Public Records Act.(b) If the Department determines that none of the provisions of subparagraph (c) below apply and access can otherwise be provided immediately, it shall do so.(c) If it appears from the Department's review and assessment that access to the record, or the system of records, cannot be provided immediately because: 1. Additional time is required to locate and retrieve the records because the records are not stored on the site or cannot be located;2. The record or records require redaction of confidential, privileged or otherwise protected material;3. The record is subject to current use as part of an on-going investigation and cannot be provided without interrupting or jeopardizing the investigation and/or its timeliness;4. A computer or computer system that contains the record is unable to be accessed, is undergoing maintenance or re-programming for any Departmental program purposes, and/or cannot be accessed without substantially interfering with the delivery of services to the public or without damage to the integrity, operability or functioning of any computer or computer system;5. Production of the record or records will require development of a program or application to provide access to, or a readable format for access to, electronic or magnetic sources of the record or records; or6. For any other reason, then the Department shall inform the requesting person of the assessment and the reasonable approximate time required in complying with the request and a summary of the basis for the assessment regarding access to the records.Tenn. Comp. R. & Regs. 1700-07-01-.02
Original rule filed October 1, 2010; effective March 31, 2011.Authority: T.C.A. §§ 4-3-2401;10-7-503 and 10-7-506; Tennessee Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).