Responding To Public Records Requests

(1) Public Records Request Coordinator. (a) The PRRC shall review public records requests and make an initial determination of the following: 1. If the requestor provided evidence of Tennessee citizenship, if required, pursuant to Rule 1735-01-01-.04; 2. If the records requested are described with sufficient specificity to identify them; 3. If TDVS is the custodian of the requested records and, if so, the name of the respective records custodian; and 4. If the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal or state law. (b) The PRRC shall acknowledge receipt of the request to the requestor and take any of the following appropriate actions in accordance with T.C.A. § 10-7-503: 1. Advise the requestor of these rules and regulations regarding: (i) Proof of Tennessee citizenship pursuant to Rule 1735-01-01-.04; (ii) Any forms required for copies; (iii) Fees, labor threshold, and waivers, if applicable; and (iv) Aggregation of multiple or frequent requests. 2. If appropriate, deny the request in writing and provide the appropriate ground for the denial, which may include but is not limited to any of the following: (i) The requestor is not, or has not presented evidence of being, a Tennessee citizen or the next of kin to a deceased Tennessee State Veteran interred in a Tennessee Veterans Cemetery, pursuant to Rule 1735-01-01-.04. (ii) The request lacks specificity. (iii) An exemption makes the record not subject to disclosure under the TPRA. A written detail of the exemption and an explanation of the denial shall be provided to the requestor. (iv) TDVS is not the custodian of the requested records. (v) The records do not exist. (vi) Any other legal grounds for denial. PUBLIC RECORDS CHAPTER 1735-01-01 3. If appropriate, contact the requestor to see if the request can be narrowed. 4. Forward the request to the appropriate records custodian in TDVS. 5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity, if known. (c) The PRRC is designated by the Commissioner of the Department. The PRRC may be contacted at: Tennessee Department of Veterans Services William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 13th Floor Nashville, TN 37243 Phone: 615-741-2345 TDVS.PublicRecords@tn.gov (d) The PRRC shall report to the governing authority on an annual basis about TDVS’ compliance with the TPRA pursuant to this chapter, and shall make recommendations, if any, for improvement or changes to this chapter. (2) Records Custodian. (a) Upon receiving a public records request, the records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies or whether the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal or state law, the custodian will consult with the PRRC. (b) If it is not practicable to promptly provide requested records and the records custodian needs additional time, to search for, retrieve, or otherwise gain access to the records; to determine whether the records are open; to redact records; or for other similar reasons to comply with the records request, then a records custodian or PRRC shall, within seven business days from the records custodian’s receipt of the request, send the requestor a completed Public Records Request Response Form. (c) If a records custodian denies a public record request, the records custodian shall do so in coordination with the PRRC and shall deny the request in writing as provided in part (1)(b)2. of this rule using the Public Records Request Response Form. (d) If a records custodian reasonably determines 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 records custodian shall use the Public Records Request Response Form to 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 records custodian should contact the requestor to see if the request can be narrowed. (e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable. (3) Redaction. PUBLIC RECORDS CHAPTER 1735-01-01 (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. (b) If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter. (c) Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.