Tenn. Comp. R. & Regs. 0520-15-01-.04

Current through December 10, 2024
Section 0520-15-01-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS
(1) The PRRC shall review public record requests received by the State Board and make an initial determination of the following:
(a) If the Requestor has provided evidence of Tennessee citizenship;
(b) If the records requested are described with sufficient specificity to identify them; and
(c) If the State Board is the custodian of the records requested.
(2) The PRRC shall acknowledge receipt of the request and take any of the following action(s), as appropriate:
(a) Advise the Requestor of this Rule and:
1. Any determinations regarding proof of Tennessee citizenship;
2. Applicable fees (and labor threshold and waivers if applicable); or
3. Aggregation of multiple or frequent requests.
(b) Deny the request in writing if an appropriate ground applies, including the basis for the denial, using the Public Records Request Response Form developed by State Board staff. Appropriate grounds for denial include, but are not limited to, the following:
1. Requestor is not, or has not presented evidence of being, a Tennessee citizen;
2. Request lacks specificity or needs clarification;
3. An exemption makes the requested record not subject to disclosure under state or federal law;
4. The State Board is not the custodian of the requested records;
5. The requested records do not exist.
(c) If appropriate, contact the Requestor to see if the request can be narrowed or clarified.
(d) Forward the records request to the appropriate Records Custodian in the State Board with notice of the date the request was received and the deadline for when a response to the request is due.
(e) If the requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor in writing of the correct entity and PRRC for that entity, if known.

Tenn. Comp. R. & Regs. 0520-15-01-.04

Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective 10/22/2024.

Authority: T.C.A. § 10-7-503.