0520-16-01-.05
Records Custodian
Cite as Tenn. Comp. R. & Regs. 0520-16-01-.05
(1)
Upon receiving a public records request, the records custodian shall make requested open
public records available as promptly as practicable in accordance with T.C.A. § 10-7-503.
(2)
If it is not practicable for the records custodian 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, to redact records, or for other similar
reasons, then the records custodian shall notify the PRRC who shall, within seven (7) business
days from the records custodian’s receipt of the request, send the requestor a completed Public
Records Request Response Form developed by the OORC stating the time reasonably
necessary to produce the record or information.
(3)
If the records custodian determines that a public record request should be denied, he or she
shall notify the PRRC, who shall deny the request in writing using the Public Records Request
Response Form developed by the OORC and provide the ground(s) for denial in writing,
including, but not limited to the following:
(a)
Requestor is not, or has not presented evidence of being, a Tennessee citizen;
PUBLIC RECORDS REQUESTS
CHAPTER 0520-16-01
(b)
Request lacks specificity;
(c)
Exemption makes the record not subject to disclosure under the TPRA;
(d)
The Commission is not the custodian of the requested records; or
(e)
The records do not exist.
(4)
If the records relate to another governmental entity and the PRRC is aware of the correct
governmental entity, the PRRC shall advise the requestor of the correct governmental entity
and PRRC for that entity, if known.
(5)
If the 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 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.
(6)
If the records custodian discovers records responsive to a records request were omitted, the
records custodian shall promptly contact the requestor concerning the omission and produce
the records as quickly as practicable.