1640-01-30-.04
Responding To Public Records Requests
Cite as Tenn. Comp. R. & Regs. 1640-01-30-.04
(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
ACCESS TO PUBLIC RECORDS
CHAPTER 1640-01-30
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.