Tenn. Comp. R. & Regs. 1660-03-02-.03 - RESPONDING TO REQUESTS

(1) Public Record Request Coordinator

(a) The PRRC shall review public record requests and make an initial determination of the following:

1. If the records requested are described with sufficient specificity to identify them; and

2. If the governmental entity is the custodian of the records requested.

(b) The PRRC shall acknowledge receipt of the request and take the following appropriate action(s):

1. Advise the requestor of the following:

(i) Provision of proof of state citizenship;

(ii) Fees for reproduction and labor, if applicable;

(iii) Waivers of fees, if applicable; and

(iv) Aggregation of multiple requestors.

2. The Agency may deny the request in writing if the following applies:

(i) The requestor is not a Tennessee citizen;

(ii) The request lacks specificity;

(iii) An exemption exists that makes the record not subject to disclosure under the TPRA; or

(iv) The Agency is not the custodian of the requested records. If the records relate to another governmental entity and the PRRC is aware of the correct governmental entity, the PRRC will advise the requestor of the correct governmental entity and PRRC for that entity, if known.

3. If appropriate, the PRRC may contact the requestor to see if request can be narrowed.

4. The PRRC shall forward the records request to the appropriate records custodian and help facilitate the production of the records.

(2) The designated PRRC for the Tennessee Wildlife Resources Agency will be the attorney(s) in the Legal Division for the Agency.

(3) Contact information for questions about the TPRA process:

Public Records Request Coordinator

Attention: Legal Division

5107 Edmondson Pike

Nashville, TN 37211

Telephone: 615-781-6606

Fax: 615-781-5264

E-mail: TWRA.RecordReq@tn.gov

(4) Records Custodian

(a) Upon receiving a public records request, the request shall be forwarded to the PRRC for review.

(b) If it is not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, or for other similar reasons, then the PRRC shall, within seven (7) business days from the date of receipt of the request, inform the requestor if the records can be released, and if so, provide a reasonable time for production of such records.

(c) The Agency will provide existing records made in the normal course of business that are subject to disclosure pursuant to the Open Records Act; however the Agency is not required to create records in response to any request, including but not limited to summaries, spreadsheets, lists, etc.

(d) If it is determined that production of records should be segmented because the records request is for a large volume of records or additional time is necessary to prepare the records for access, the PRRC shall notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the PRRC should contact the requestor to see if request can be narrowed.

(e) If additional pertinent records are discovered that were inadvertently omitted from the original records production, the records custodian will inform the PRRC, who will contact the requestor concerning the omission and produce the records as quickly as practicable.

(5) Redaction

(a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. The records custodian shall coordinate with the Agency's Legal Division/PRRC for review and redaction of records.

(6) Confidential Records

(a) Records that are created on the Agency's REAL system and that are populated and updated using information from the state's drivers' license database are considered confidential pursuant to § 18 USC 2721 and Tenn. Code Ann. §§ 55-25-101 et seq. Such records are not subject to the Open Records Act, and shall only be disclosed in accordance with exemptions provided for in federal and state law.

(7) Inspection of Records

(a) There is no charge for inspection of open public records.

(b) The location for inspection of records within the offices of the Agency shall be specified by the records custodian.

(c) The PRRC may require an appointment for inspection or may require inspection of records at an alternate location under reasonable circumstances.

(8) Reproduction of Records

(a) Copies will be available for pickup at the location specified by the records custodian.

(b) Upon payment for costs of postage, copies will be delivered to the requestor's home address by US Postal Service.

(c) A requestor may be allowed to make copies of records with personal equipment including but not limited to a cellphone equipped with a camera but only after such records have been inspected and properly redacted, if necessary.

(d) In order to alleviate costs, copies of records may be provided via electronic transmission via email.

(9) Fees and Charges

(a) Prior to producing copies of records, requestors will be provided with an estimate of the charges, itemized by per page costs, labor, as well as other media that has been reproduced, to be assessed.

(b) When fees for copies and labor do not exceed $10.00 the fees will be waived.

(c) The Agency shall assess charges for the copying and labor based on the most current version of the Schedule of Reasonable Charges, issued by the Office of Open Records Counsel, which can be found on the Comptroller's website at: https://comptroller.tn.gov/office-functions/open-records-counsel/office-of-open-records-counsel/policies---guidelines.html.

(d) Payment is to be made by cash, cashier's check, money order, or credit card. The cashier's check or money order shall be made payable to the Tennessee Wildlife Resources Agency and must be delivered to the agency sales office at TWRA Agency Sales Division, Ray Bell Region II Office Building 5105 Edmondson Pike PO Box 41489 Nashville, TN 37204.

(e) Payment in advance will be required whenever reproduction costs are estimated to exceed $10.00.

Notes

Tenn. Comp. R. & Regs. 1660-03-02-.03

Original rules filed March 8, 2019; effective 6/6/2019.

Authority: T.C.A. §§ 10-7-503, 69-9-209, and 70-1-206.