Tenn. Comp. R. & Regs. 0180-34-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records Request Coordinator

(a) The PRRC, or an employee under the supervision of the PRRC, shall review public records 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; and

3. If the Department is the custodian of the requested records.

(b) The PRRC, or an employee under the supervision of the PRRC, shall acknowledge receipt of the request and take the following actions, if appropriate:

1. Advise the Requestor of any determinations regarding proof of Tennessee citizenship;

2. If appropriate, deny the request in writing, in whole or in part, providing the appropriate ground(s), such as one or more of the following:

(i) The Requestor is not, or has not presented evidence of being a Tennessee citizen;

(ii) The request lacks specificity or needs clarification;

(iii) The Department is not the custodian of the requested records;

(iv) The records requested are not subject to inspection under state or federal law; or

(v) The requested records do not exist.

3. If appropriate, contact the Requestor to see if the request can be narrowed or clarified;

4. Forward the public records request to the appropriate Records Custodian(s) in the Department with notice of the date the request was received and the deadline for when a response to the request is due; or

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.

(2) Records Custodian

(a) Upon receiving a public records request from the PRRC, if the requested records are practicably available and not exempt from disclosure, a Records Custodian shall promptly make the requested public records available pursuant to T.C.A. § 10-7-503(a)(2)(B)(i). If the Records Custodian is uncertain that an applicable exemption applies, the Records Custodian may consult with the PRRC or the Office of the Tennessee Attorney General and Reporter.

(b) If a Records Custodian determines that it is 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 or confidential; to redact the records; or for other similar reasons, the Records Custodian shall inform the PRRC. The PRRC shall then, within seven (7) business days from the PRRC's receipt of the request, send the Requestor a completed public records request response, pursuant to T.C.A. § 10-7-503(a)(2)(B)(iii).

(c) If a Records Custodian reasonably determines that production of records should be in installments, the Records Custodian shall inform the PRRC, who shall, within seven (7) business days from the PRRC's receipt of the request, send the Requestor a public records request response informing the Requestor that the production of records will be in installments and that a records production schedule will be provided as expeditiously as practicable.

(d) If a Records Custodian determines that a public records request should be denied because of an applicable exemption, the Records Custodian shall inform the PRRC, who shall, within seven (7) business days from the PRRC's receipt of the request, deny the request in writing, as provided in subparagraph (1)(b) above, pursuant to T.C.A. § 10-7-503(a)(2)(B)(ii).

(e) If a Records Custodian discovers public records responsive to a public records request were omitted in a production, the Records Custodian shall notify the PRRC, who shall contact the Requestor concerning the omitted documents and produce those public records as quickly as practicable.

(3) Redaction

(a) If a record contains confidential or privileged 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 the PRRC or other appropriate parties regarding review and redaction of records. The Records Custodian and the PRRC may also consult with the Office of the Tennessee Attorney General and Reporter.

(b) Whenever a redacted record is provided, a Records Custodian or PRRC should provide the Requestor with the basis for the redaction. The basis shall be general in nature and not disclose confidential or privileged information. A Records Custodian is otherwise not required to provide any sort of privilege log.

Notes

Tenn. Comp. R. & Regs. 0180-34-.04

Original rules filed September 30, 2019; effective 12/29/2019.

Authority: T.C.A. §§ 10-7-503 and 45-1-107(h).