Tenn. Comp. R. & Regs. 1640-01-30-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS
(1) Upon receipt of
a public records request, the PRRC shall review the request, consult with the
appropriate Records Custodian as needed, and make an initial determination of
the following:
(a) If the Requestor provided
sufficient evidence of Tennessee citizenship pursuant to Rule
1640-01-30-.03(6);
(b) If the
records requested are described with sufficient specificity to identify them;
and
(c) If TSAC is the custodian of
the Public Records.
(2)
The PRRC shall acknowledge receipt of the request and take any of the following
appropriate action(s):
(a) Advise the
Requestor of these Rules regarding:
1.
Requirement of proof of Tennessee citizenship;
2. Form(s) required for copies;
3. Fees, labor thresholds, and waivers, if
applicable; and
4. Aggregation of
multiple or frequent requests.
(b) Denial of the request as outlined in Rule
1640-01-11-.04(3);
(c) If appropriate, contact the Requestor to
determine if the request can be clarified.
(d) Upon acknowledgement of receipt of the
request, immediately forward the records request to the Records
Custodian .
(3) If
appropriate, TSAC will deny the request in writing using TSAC 's Public Records
Request Response form, providing the ground for denial which may include, but
shall not be limited to:
(a) The Requestor is
not a Tennessee citizen;
(b) The
request lacks sufficient specificity, in which case the PRRC shall offer to
assist in clarification;
(c) The
record request is exempt from disclosure under the TPRA . The PRRC shall provide
the applicable exemption in the written denial.
(d) TSAC is not the custodian of the
requested records. If the requested records are in the custody of a different
governmental entity, and the PRRC knows the correct governmental entity, the
PRRC will advise the Requestor of the correct governmental entity;
(e) The record(s) requested do not
exist.
(4) The PRRC
shall coordinate with the appropriate Records Custodian to promptly make public
records available in accordance with T.C.A. §
10-7-503.
If not practicable to promptly provide the requested records or the records
need to be segmented because of the large volume of records to be provided,
then the PRRC , or Records Custodian as designee, shall, within seven (7)
business days from the receipt of the request, send the Requestor a completed
Public Records Request Form notifying them of such, and that a records
production schedule will be provided as expeditiously as practicable. Any
segmentation of records must be authorized by the PRRC or TSAC 's General
Counsel's Office.
(5) If a Public
Record contains information not subject to disclosure under the TPRA , TSAC
shall prepare a redacted copy of the Public Record prior to providing access.
Whenever a redacted record is provided, TSAC shall provide the Requestor with
the basis for redaction. Any redaction must be authorized by the PRRC or TSAC 's
General Counsel's office.
(6) If
the PRRC or Records Custodian discovers records responsive to a records request
were inadvertently omitted, the PRRC , or Records Custodian as designee, will
contact the Requestor concerning the omission and produce the records as
quickly as practicable.
(7) The
Records Custodian shall provide the requested records to the PRRC once
compiled. The PRRC will coordinate delivery of the records to the Requestor for
pickup, by mail to the Requestor's home address or other acceptable address
within Tennessee, or by electronic delivery to an email provided by the
Requestor.
Notes
Authority: T.C.A. §§ 10-7-503 and 10-7-506.
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