Section 1680-04-02-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS(1) Public Record Request Coordinator(a) The PRRC, or an employee under the supervision of the PRRC, will review public record requests and make an initial determination of the following: 1. If TDOT is the custodian of the records;2. If the requestor provided evidence of Tennessee citizenship (if required) or whether such proof should be required; and3. If the records requested are described with sufficient specificity to identify them.(b) The PRRC, or an employee under the supervision of the PRRC, shall acknowledge receipt of the request and take any of the following appropriate actions: 1. Advise the requestor of any determinations made regarding proof of Tennessee citizenship (if required); form(s) required for copies; copy fees and labor threshold and waivers, if applicable; and aggregation of multiple or frequent requests;2. If appropriate, deny the request in writing, in whole or in part, providing the appropriate ground as enumerated in TDOT's Public Records Request Response Form, or other written communication, including any of the following:(i) Lack of evidence of Tennessee citizenship (if required);(ii) Lack of specificity in the request;(iii) Non-existence of the requested records;(iv) Lack of custody or control over the requested records; or(v) An exemption under the Tennessee Public Records Act or other provision of law making the requested record confidential or not subject to public disclosure;3. If appropriate, contact the requestor to see if the request can be clarified or narrowed;4. Forward the records request to the appropriate records custodian at TDOT; or5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity, if known.(2) Records Custodian (a) Upon receiving a specific public records request, a records custodian shall promptly make the requested public record or records available, if practicable, in accordance with T.C.A. § 10-7-503. If the request involves multiple records from one or more offices within TDOT that cannot be readily identified, located, and provided to the requestor, or if the records custodian is uncertain whether an applicable exemption applies, the records custodian shall immediately refer the request to the PRRC.(b) The PRRC shall, within seven (7) business days from the receipt of the request, send the requestor a completed Public Records Request Response Form, or other written communication, if it is not practicable to provide requested records promptly 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 or confidential;5. For other similar reasons.(c) If a records custodian believes that a public records request, or a part of the request, should be denied, he or she shall inform the PRRC who shall determine whether to deny the request, in whole or part, in writing as provided in subparagraph (1)(b) of this rule, using the Public Records Request Response Form or other written communication.(d) If a 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 refer the requests to the PRRC, and the PRRC shall use the Public Records Request Response Form, or other written communication, to 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.(e) If a records custodian or the PRRC discovers records responsive to a records request were omitted, the records custodian or PRRC will contact the requestor concerning the omission and produce the records as quickly as possible.(3) Confidential Records and Redaction(a) If the PRRC determines that the requested records are considered confidential or privileged records under Federal or State law and are not available for public inspection, the PRRC shall communicate such determination to the requestor in writing. However, nothing in these rules shall be construed to require TDOT to generate a detailed description of each confidential record withheld from inspection, such as may be required with respect to the production of documents in discovery under the Tennessee Rules of Civil Procedure.(b) If a requested record contains confidential information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the records custodian shall coordinate with the PRRC, legal counsel, or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of the Attorney General and Reporter.(c) Whenever a redacted record is provided, a records custodian or PRRC shall provide the requestor with the basis for redaction. The basis given shall be general in nature and not disclose confidential information.Tenn. Comp. R. & Regs. 1680-04-02-.04
Original rule filed February 26, 2007; effective May 12, 2007. Repeal filed July 17, 2017; effective October 15, 2017. New rules filed November 6, 2018; effective 2/4/2019.Authority: T.C.A. §§ 4-3-2303(2), 10-7-503, 10-7-503(g), and 10-7-506.