0465-01-04-.08
Records Custodian
Cite as Tenn. Comp. R. & Regs. 0465-01-04-.08
(1)
Upon receiving a public records request, a DIDD records custodian shall promptly make
requested public records not specifically exempt from disclosure available as required by
T.C.A. § 10-7-503(a)(2). The custodian may notify the requestor of the time and place of
inspection or availability of copies of the records for pickup using the DIDD Public Records
Request Response Form or by other means. The custodian may also furnish copies of the
requested records, subject to the payment of fees and charges, by sending them to the
requestor along with the Public Records Request Response Form.
(2)
If the records custodian is uncertain that an applicable exemption or state or federal law
prohibiting disclosure applies, the custodian may consult with the PRRC or DIDD’s Office of
General Counsel.
(3)
If it is not practicable to promptly make available for inspection or furnish copies of 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 protected from disclosure, to redact records, or for other similar reasons, then the
PRRC or records custodian shall, within seven (7) business days from receipt of the request
by the PRRC, send the requestor the Public Records Request Response Form indicating the
reason for the delay and an estimate of the time that will be necessary to produce the records
or determine the proper response to the request.
(4)
A denial by the records custodian shall be in writing using the Public Records Request
Response Form.
(5)
If a records custodian, in consultation with the PRRC and/or Office of General Counsel,
reasonably determines that production of requested records should be segmented because
the records request is for a large volume of records, or that 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 or
groups and that a records production schedule will be provided as expeditiously as
practicable. If appropriate, the PRRC or records custodian should contact the requestor to
see if the request can be narrowed.
(6)
If a records custodian discovers records responsive to a prior records request were omitted,
he/she should contact the requestor concerning the omission and produce the records as
soon as practicable.
PUBLIC RECORDS
CHAPTER 0465-01-04