0240-09-05-.05
Responding To Public Records Requests
Cite as Tenn. Comp. R. & Regs. 0240-09-05-.05
(1)
The Coordinator shall, as necessary or appropriate:
(a)
Request proof of Tennessee citizenship;
(b)
Clarify the scope of the request;
(c)
Advise the Requestor that Tennessee Tech may charge for copies if the request exceeds
the costs threshold allowed by its rule;
(d)
Advise the Requestor that Tennessee Tech is not the custodian of the record;
(e)
Provide the records;
(f)
Deny the request in writing, providing the appropriate basis, such as one of the following:
1.
The Requestor is not a Tennessee citizen or has not presented evidence of
Tennessee citizenship;
2.
The request lacks specificity;
3.
An exemption makes the record not subject to disclosure under the Tennessee
Public Records Act;
4.
The records do not exist.
(2)
The Coordinator may deny the request provided the Coordinator has identified in writing the
specific legal basis for the denial of the request.
ACCESS TO PUBLIC RECORDS
CHAPTER 0240-09-05
(3)
The Coordinator may, if appropriate, contact the Requestor to see if the request can be
narrowed.
(4)
If requested records are in the custody of a different governmental entity and the Coordinator
knows the correct governmental entity, the Coordinator may direct the Requestor to the correct
governmental entity.
(5)
A Records Custodian must promptly forward a request to the Coordinator and assist the
Coordinator in making the records available to the Requestor in a timely manner.
(6)
If not practicable to promptly provide requested records because additional time is necessary
to determine whether the requested records exist; to search for, retrieve, or otherwise gain
access to records; to determine whether the records are open, to redact records; or for other
similar reasons, then the Coordinator shall, within seven (7) business days from the receipt of
the request, send the Requestor a completed Public Records Response Form.
(7)
If the Coordinator reasonably determines production of records should be segmented because
the Public Records Request is for a large volume of records, or additional time is necessary to
prepare the records for access, the Coordinator shall notify the Requestor in writing 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 Coordinator may contact the
Requestor to see if the request can be narrowed.
(8)
If the Coordinator discovers records responsive to a records request were omitted, the
Coordinator will notify the Requestor and produce the records as quickly as practicable.