Tenn. Comp. R. & Regs. 0620-03-10-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Public Records Request Coordinator (PRRC) shall review public record requests and make an initial determination of the following:

(a) If the requestor provided evidence of Tennessee citizenship;

(b) If the records requested are described with sufficient specificity to identify them; and

(c) If the Department of Finance and Administration is the custodian of the records.

(2) The PRRC shall, within seven business days, acknowledge receipt of the request and take any of the following appropriate action(s):

(a) Request proof of Tennessee citizenship, unless the PRRC can determine from the request that requiring such proof is not required. Proof shall consist of a valid Tennessee driver's license or alternative acceptable government issued photo identification.

(b) Request clarification of the request. A request for clarification is a denial of the public records request because the requester failed to make sufficiently detailed request to enable the records custodian to identify the specific records requested as required by T.C.A. § 10-7-503(a)(7)(B), and the records custodian will not be required to take further action on the request until a clarification is provided.

(c) Inform the requestor of the approximate time the request will be fulfilled and provide an estimate of the charges that may be assessed for requested copies. This may include time required for privilege review and redaction and in assembling the requested materials. If the volume is such that the documents will be produced in stages, the requester will be informed of the anticipated timing of this staged production.

(d) Deny the request. If the reason for denial is a privilege or exclusion created by law, the PRRC will provide a citation of the legal authority for the denial. If the reason for the denial is that the Department is not the custodian of the records, the PRRC is not required to research the proper custodian of the records. If the PRRC knows the identity of the proper custodian of the records, the PRRC may advise the requestor of the correct governmental entity and the PRRC for that entity if known.

(e) Promptly produce for inspection any requested documents which are immediately available for production.

(3) Documents will be made available for review at the Department's offices in Nashville. The physical location for inspection of records within the offices of Finance and Administration is 312 Rosa L. Parks Avenue N., William R. Snodgrass Tennessee Tower, 20th Floor, Nashville, Tennessee 37243. Documents may be available for review at an alternate location by agreement.

(4) Upon receipt of a request for copies, the Department shall promptly gather requested documents and, if requested, make copies in the most economic and efficient manner practicable.

(a) Copies will be available for pickup at the location specified in subsection (3) or an alternate location agreed to by the parties.

(b) Upon payment for required charges, copies will be delivered to the requestor via email transmission upon request by requestor and determination that electronic transfer is efficient. Alternatively, upon payment for postage and any other required charges, copies will be mailed to the requestor's home address via the United States Postal Service.

(5) A requester will be allowed to make copies of records with personal equipment (such as a cellular phone camera); provided, that no personal equipment may be connected to any state computer or device. If a requester seeks to make an image of the document with the use of personal equipment (such as a cellular phone camera) this is considered a request for a copy under these rules. The Department may not charge a requester for the cost of photographing a document which does not contain confidential or privileged material and which is ordinarily used by the Department in the course of its business. The Department is not required to relinquish physical custody of the requested documents and is entitled to enact reasonable requirements to protect the physical integrity and security of the documents. If the Department is required to incur labor expenses in making the document available for personal copying, including the use of computer processing, privilege review, or redaction, the requester must pay the costs applicable under these rules before being allowed to photograph the material.

(6) If a record contains confidential information or information that is not open for public inspection, the PRRC shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the PRRC shall coordinate with Department counsel, the Office of Open Records Counsel or the Office of Attorney General and Reporter.

(7) Whenever a redacted record is provided, the PRRC shall provide the requestor with the basis of the redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

Notes

Tenn. Comp. R. & Regs. 0620-03-10-.04

Original rule filed September 28, 2007; effective December 12, 2007. Amendment filed May 30, 2008; effective September 26, 2008. Repeal filed August 25, 2017; effective November 23, 2017. New rules filed April 9, 2020; effective 7/8/2020.

Authority: T.C.A. §§ 4-3-1001, et seq.; 4-4-103; 4-5-201, et seq.; 10-7-503; and 10-7-506.