Tenn. Comp. R. & Regs. 0770-01-05-.31 - REQUESTS FOR INFORMATION RULES
(1) Privacy Rights
and Guidelines for Processing EIV.
(a)
Generally. Pursuant to the Tennessee Public Records Act, Tennessee Code
Annotated Title 10 Chapter 7 (the "Public Records Act"), records maintained by
the Tennessee Housing Development Agency are generally a matter of public
record. However, federal statutes protect certain components of the HCV,
Homeownership option, and FSS files, including social security numbers,
Enterprise Income Verification (EIV) records, medical or disability
information, information on minor household members, and criminal background
records.
(b) Authorization for
Release. Applicants and participants, including all adults in the household,
are required to sign the THDA Authorization for Release of Information form and
the HUD Authorization for Release of Information and Privacy Act Statement
(Form-9886), which allow the THDA to collect certain information about the
client's income, family composition, and other factors that affect eligibility
and states under what conditions tenant and owner information will be released.
The THDA policy regarding release of information is in accordance with these
documents, the individual authorized verification forms, federal and state law,
and agency policy.
(c) EIV. The
THDA may only release EIV information to the participant that the information
pertains to. EIV information of minors may be provided to the minor's parent,
guardian, or payee only. The THDA may release EIV information to persons, other
than the person the information pertains to, only upon receipt of a court
subpoena. A copy of any such subpoena must immediately be furnished to the
local HUD office. EIV information may be released to a third party (attorney,
etc.) if the participant has signed an authorization for release of information
to a third party.
(d) Disability
and Criminal Records. Any information that would lead one to determine the
nature or severity of a person's disability or criminal record is protected.
Elements of files or records protected under federal statutes will not be
available for public review. These elements will be redacted before the full
record is made available.
(2) Processing Requests for
Inspection/Duplication of Information from Applicants, Participants, or their
Authorized Representatives.
(a) Authorized
Representatives. Anyone claiming to be an authorized representative must
provide a release of information signed by the applicant or participant head of
household in order to view or copy the record.
(b) Process.
1. All requests for the inspection or copying
of any record by an applicant, participant, or their authorized representative
will be managed by the appropriate Rental Assistance Manager at the local THDA
field office where the record is maintained.
2. The appropriate Rental Assistance Manager
shall complete sections 1-5 and 8 of the Inspection/Duplication of Records
Request form provided by the Office of Open Records Counsel for each request
for inspection of the THDA's records.
3. Once a request has been received, an
appointment will be scheduled within seven (7) business days of the request
date. If for any reason an appointment cannot be scheduled within 7 business
days, the request will be referred to the THDA's Records Custodian at the
THDA's central office.
4. A copy of
the Inspection/Duplication of Records Request form will be sent to the Records
Custodian after the request is fulfilled.
(c) EIV. EIV information may only be viewed
or copied by the applicant or participant the information pertains to. The head
of household or other member may not view or copy the EIV information of
another adult household member. EIV information of minors may be viewed or
copied only by the minor's parent, guardian or payee. EIV information may be
released to a participant's authorized representative if the participant has
signed an authorization of release of information for the
representative.
(3)
Processing Requests for Information from Other Citizens of the State of
Tennessee.
(a) Citizenship Required. All
persons making a request for information must be a citizen of the State of
Tennessee. Identification sufficient to prove citizenship must be provided
prior to review or copying of any request.
(b) Process.
1. All requests for the inspection or copying
of any record by a citizen of the State of Tennessee who is not a participating
applicant, participant, or their authorized representative will be referred to
the THDA's Records Custodian. The Records Custodian is the person appointed by
the Executive Director to serve as liaison to the requestor, act as a resource
to the THDA's staff to provide guidance on issues related to compliance with
the Public Records Act, and assist each division in processing requests for
inspection and/or copying of Public Records.
2. The THDA cannot require that a request to
review information be put in writing, but can require that a request to copy be
put in writing.
3. The Records
Custodian will complete sections 1-5 and 8 of the Inspection/Duplication of
Records Request form provided by the Office of Open Records Counsel for each
request for inspection of the THDA's records.
4. Whenever possible the Records Custodian
will permit the requestor to inspect the Public Record immediately. Where the
Public Record cannot be inspected immediately the Records Custodian shall
provide the requestor with a date and time when the Public Record shall be
available.
5. Public Records will
be made available within seven (7) business days of the request. If it is not
possible to provide the Public Record for inspection within 7 business days,
the Records Custodian will inform the Requestor using the Records Production
Letter provided by the Office of Open Records Counsel.
6. The Records Custodian will assure that:
(i) The requestor is a citizen of the State
of Tennessee;
(ii) The request
identifies with sufficient specificity the records that are the subject of the
request;
(iii) The items requested
are Public Records;
(iv) Notice is
provided to the person whose file is the subject of the request that a request
for inspection has been made;
(v)
The Public Records are reviewed and redacted of confidential information as
appropriate before being made available for review; and
(vi) The inspection of the Public Record is
supervised by appropriate THDA staff.
(4) Copies.
(a) Copies cost fifteen ($0.15) cents per
copy for black and white copies and fifty ($0.50) cents per color copy. The
Records Custodian will communicate with the requestor as to the cost of colored
copies and whether the record loses meaning or becomes less understandable if
copied in black and white. The requestor will choose whether to have the copies
provided in color or black and white. If color copies are requested, the
request must be processed at the THDA's central office.
(b) The request must be made in writing and
must identify with sufficient specificity the records that are the subject of
the request.
(c) For Public
Records, the requestor must complete the Inspection/Duplication of Records
Request form provided by the Office of Open Records Counsel sections 1-4 for
each request to copy Public Records.
(d) If the requestor prefers that the THDA
mail the copies, the requestor is responsible for any postage costs related to
providing the copies requested. The copies of the Public Records shall be sent
by U.S. Postal Service first class unless the requestor indicates otherwise in
writing.
(e) The Records Custodian
will assist the THDA staff in determining whether the requested items are
Public Records, redacting the Public Record as appropriate, and determining the
charges related to providing the requested copies.
(f) The Record Custodian shall provide the
Requestor with an estimate of charges.
(g) Charges for labor will only be required
when copies are requested. Staff for each division shall be responsible for
copying records. All time spent locating, retrieving, reviewing, redacting, and
reproducing records will be recorded by staff and reported to the THDA Records
Custodian. The Records Custodian will determine the appropriate labor charges
based upon the base hourly salary of staff involved in providing the copies.
Labor costs will exclude the first hour spent fulfilling the request. Should
the time required to fulfill the request exceed one hour, the hour excluded
will be the hour that represents the highest base salary.
(h) Any additional costs in excess of the
charges identified in this policy which are directly related to the copying of
records will be charged to the Requestor to the fullest extent permitted by
law.
(i) All costs associated with
requests to copy records must be paid using a check or money order made out to
the THDA. Cash payments for photocopies will not be accepted. All costs
associated with requests to copy records must be paid before copies will be
provided.
(5) Denial of
Requests. Where the Records Custodian determines that a request must be denied,
the Records Custodian will provide the requestor with the THDA Records Request
Denial Letter, which will provide a specific reason for denial of the
request.
(6) Information Made
Available by THDA to Prospective Landlords. The only information the THDA will
give to prospective landlords regarding a participant is the contact
information for prior landlords. Landlords themselves are responsible for
determining a participant's suitability for tenancy. The THDA is not permitted
to discuss a participant's program file or history with a prospective
landlord.
Notes
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