Tenn. Comp. R. & Regs. 0465-01-04-.08 - RECORDS CUSTODIAN

(1) Upon receiving a public records request, a DIDD records custodian shall promptly make requested public records not specifically exempt from disclosure available as required by T.C.A. § 10-7-503(a)(2). The custodian may notify the requestor of the time and place of inspection or availability of copies of the records for pickup using the DIDD Public Records Request Response Form or by other means. The custodian may also furnish copies of the requested records, subject to the payment of fees and charges, by sending them to the requestor along with the Public Records Request Response Form.
(2) If the records custodian is uncertain that an applicable exemption or state or federal law prohibiting disclosure applies, the custodian may consult with the PRRC or DIDD's Office of General Counsel.
(3) If it is not practicable to promptly make available for inspection or furnish copies of 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 protected from disclosure, to redact records, or for other similar reasons, then the PRRC or records custodian shall, within seven (7) business days from receipt of the request by the PRRC, send the requestor the Public Records Request Response Form indicating the reason for the delay and an estimate of the time that will be necessary to produce the records or determine the proper response to the request.
(4) A denial by the records custodian shall be in writing using the Public Records Request Response Form.
(5) If a records custodian, in consultation with the PRRC and/or Office of General Counsel, reasonably determines that production of requested records should be segmented because the records request is for a large volume of records, or that additional time is necessary to prepare the records for access, the records custodian shall use the Public Records Request Response Form to notify the requestor that production of the records will be in segments or groups and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the PRRC or records custodian should contact the requestor to see if the request can be narrowed.
(6) If a records custodian discovers records responsive to a prior records request were omitted, he/she should contact the requestor concerning the omission and produce the records as soon as practicable.

Notes

Tenn. Comp. R. & Regs. 0465-01-04-.08
Original rules filed January 2, 2019; effective April 2, 2019. Repealed by Chapter 653, § 1 of the 2020 Public Acts, effective April 2, 2020. New rules filed September 3, 2020; effective 12/2/2020.

Authority: T.C.A. §§ 10-7-503, 33-1-303, and 45 C.F.R. Part 164, Subpart E.

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