Tenn. Comp. R. & Regs. 1670-07-01-.04

Current through January 8, 2025

Section 1670-07-01-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Upon receipt of a public records request(s), the PRRC will review the request and make a determination of the following:

(a) If the Requestor provided evidence of Tennessee citizenship, pursuant to Rule 1670-07-01-.03;

(b) If the records requested are described with sufficient specificity as to be identified;

(c) If the Department of Tourist Development is the custodian of the Public Records;

(d) If the records requested, or any of their contents, are not subject to disclosure based on applicable federal or state laws or rules; and

(e) If applicable, the Department of Tourist Development will inform the Requestor, in writing, of the reasonable copying and labor charges to produce copies and any determinations made regarding aggregation of multiple or frequent requests.

(2) The PRRC shall acknowledge receipt of the request to the requestor and take any of the following appropriate action(s):

(a) Advise the requestor of this rule and the elections made regarding:

1. Proof of Tennessee citizenship;

2. Form(s) required for copies;

3. Fees (and labor threshold and waivers, if applicable); and

4. Aggregation of multiple or frequent requests.

(b) If appropriate, the request will be denied in writing and the ground(s) provided as one (1) of the following:

1. The requestor is not, or has not presented evidence of being a Tennessee citizen;

2. The request lacks specificity. The Department of Tourist Development may work with requestors to clarify the request;

3. An exemption makes the record not subject to disclosure under the TPRA, and inform the requestor of the specific exemption;

4. The Department of Tourist Development is not the custodian of the requested record; and/or

5. The records requested do not exist.

(c) If appropriate, the requestor will be contacted to determine if the request can be specified and/or narrowed.

(d) If requested records are in the custody of a different government entity and the PRRC knows the correct governmental entity, the Requestor will be advised of the correct governmental entity and PRRC for that entity, if known.

(3) Upon receiving a public records request, a Department of Tourist Development records custodian in collaboration with the PRRC shall promptly make requested public record available. If the records custodian is uncertain than an applicable TPRA exemption applies, the custodian may consult with the PRRC of the Office of General Counsel.

(a) If not practicable to promptly provide requested records, a records custodian in collaboration with the PRRC shall, within seven (7) business days from the records custodian's receipt of the request, communicate with the requestor the reason for the delay and an estimate of the time necessary to produce the records or determine the proper response to the request because additional time is necessary:

1. To determine whether the requested records exist;

2. To search for, retrieve, or otherwise gain access to records;

3. To determine whether the records are open;

4. To redact records; or

5. For other similar reasons.

(b) If a public records request is denied, the requestor shall be notified in writing.

Tenn. Comp. R. & Regs. 1670-07-01-.04

Original rules filed March 13, 2019; effective 6/11/2019.

Authority: T.C.A. §§ 4-4-103 and 10-7-503.