Tenn. Comp. R. & Regs. 0240-09-05-.05

Current through December 18, 2024

Section 0240-09-05-.05 - RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The Coordinator shall, as necessary or appropriate:

(a) Request proof of Tennessee citizenship;

(b) Clarify the scope of the request;

(c) Advise the Requestor that Tennessee Tech may charge for copies if the request exceeds the costs threshold allowed by its rule;

(d) Advise the Requestor that Tennessee Tech is not the custodian of the record;

(e) Provide the records;

(f) Deny the request in writing, providing the appropriate basis, such as one of the following:

1. The Requestor is not a Tennessee citizen or has not presented evidence of Tennessee citizenship;

2. The request lacks specificity;

3. An exemption makes the record not subject to disclosure under the Tennessee Public Records Act;

4. The records do not exist.

(2) The Coordinator may deny the request provided the Coordinator has identified in writing the specific legal basis for the denial of the request.

(3) The Coordinator may, if appropriate, contact the Requestor to see if the request can be narrowed.

(4) If requested records are in the custody of a different governmental entity and the Coordinator knows the correct governmental entity, the Coordinator may direct the Requestor to the correct governmental entity.

(5) A Records Custodian must promptly forward a request to the Coordinator and assist the Coordinator in making the records available to the Requestor in a timely manner.

(6) If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open, to redact records; or for other similar reasons, then the Coordinator shall, within seven (7) business days from the receipt of the request, send the Requestor a completed Public Records Response Form.

(7) If the Coordinator reasonably determines production of records should be segmented because the Public Records Request is for a large volume of records, or additional time is necessary to prepare the records for access, the Coordinator shall notify the Requestor in writing 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 Coordinator may contact the Requestor to see if the request can be narrowed.

(8) If the Coordinator discovers records responsive to a records request were omitted, the Coordinator will notify the Requestor and produce the records as quickly as practicable.

Tenn. Comp. R. & Regs. 0240-09-05-.05

Original rules filed April 28, 2020; effective 7/27/2020.

Authority: T.C.A. §§ 10-7-503(g)(2) and 49-8-203(a)(4).