Section 1240-09-01-.03 - REQUESTS FOR ACCESS TO RECORDS(1) Processing of Requests to View Public Records.(a) An in-person request for access to public records of the Department shall be made during the regular business hours of the Department from 8:00 AM to 4:30 PM, Monday through Friday, except for holidays.(b) All requests for access to public records of the Department made in-person, or by any other means, shall be directed to the Records Custodian, State Office of the Department of Human Services, 400 Deaderick Street, 15th floor, Nashville, Tennessee 37243.(c) All requests for access to the Department's public records shall identify with reasonable specificity the record, set or system of records which is requested.(d) Requests will be processed on a first-come, first-served basis; provided, that the Commissioner, or the Commissioner's designee, may at any time alter this provision when circumstances warrant.(2) Prior Review and Assessment for Confidential, Privileged or Protected Material/Non-Routine Requests. (a) Review, Assessment and Redaction of Records.1. Before providing access to the requested record, the Department's staff shall review as quickly as reasonably possible the requested records that have been located consistent with the availability of appropriate staff and with regard to the scope of the records request, and make an assessment of the status of the records, the scope of the requested access and the time required for a response.2. Upon review, the Department's staff will redact any data or information prior to release of the record, or portion of the record, that it determines has, or may have, confidential, privileged or otherwise protected material in the record that is subject to the Tennessee Public Records Act.(b) If the Department determines that none of the provisions of subparagraph (c) below apply and access can otherwise be provided immediately, it shall do so.(c) If it appears from the Department's review and assessment that access to the record, or the system of records, cannot be provided immediately because: 1. Additional time is required to locate and retrieve the records because the records are not stored on the site or cannot be located;2. The record or records require redaction of confidential, privileged or otherwise protected material;3. The record is subject to current use as part of an on-going investigation and cannot be provided without interrupting or jeopardizing the investigation and/or its timeliness, or the unavailability of the record to the Department's staff will jeopardize the health, safety or welfare of the persons the investigation is intended to protect or the persons involved in the investigation;4. A computer or computer system that contains the record is unable to be accessed, is undergoing maintenance or re-programming for any Departmental program purposes, and/or cannot be accessed without substantially interfering with the delivery of services to the public or without damage to the integrity, operability or functioning of any computer or computer system;5. Production of the record or records will require development of a program or application to provide access to, or a readable format for access to, electronic or magnetic sources of the record or records; or6. For any reason, then the Department shall inform the requestor of the assessment and the approximate time required to comply with the request and provide a summary of the basis for the assessment regarding access to the records.Tenn. Comp. R. & Regs. 1240-09-01-.03
Original rule filed December 2, 2002; effective February 15, 2003. Amendments filed December 10, 2009; effective March 10, 2010.Authority: T.C.A. §§ 4-5-201 et seq.;4-5-202; 8-4-604(a)(3); 71-1-105; 10-7-503; 10-7-504(a)(7); 10-7-506;10-7-506(a); 71-1-105(4) and (12); Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).