Section 0520-15-01-.05 - RECORDS CUSTODIAN(1) Upon receiving a public records request forwarded by the PRRC, the Records Custodian shall make requested records available as promptly as practicable in accordance with T.C.A. § 10-7-503, if the requested records are not exempt from disclosure.(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 PRRC's receipt of the request, send the Requestor a completed Public Records Request Response Form developed by State Board staff 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, the Records Custodian shall notify the PRRC, and provide the ground(s) for denial. If the PRRC agrees the request should be denied, the PRRC shall deny the request in writing using the Public Records Request Response Form developed by State Board staff. Grounds for denial include, but are not limited to, the following: (a) Requestor is not, or has not presented evidence of being, a Tennessee citizen;(b) Request lacks specificity or needs clarification;(c) An exemption makes the record not subject to disclosure under state or federal law;(d) The State Board is not the custodian of the requested records;(e) The requested records do not exist.(4) If the requested 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 or PRRC 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 or PRRC 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 from the production, the Records Custodian or PRRC shall promptly contact the Requestor concerning the omission and produce the records as quickly as practicable.Tenn. Comp. R. & Regs. 0520-15-01-.05
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.