Section 1200-35-01-.05 - PAYMENT OF COSTS FOR REPRODUCTION OF PUBLIC RECORDS(1) The Department adopts the "Schedule of Reasonable Charges for Copies of Public Records" and any successor schedule developed by the Office of the Open Records Counsel for copies of public records made pursuant to the Tennessee Public Records Act, T.C.A. § 10-7-501 et. seq. Any charges not specifically listed or in addition to the amounts specified in the Schedule must be documented by the Records Custodian.(2) If the requested records exist electronically, but not in the format requested or a new or modified computer program or application is necessary to put the records in a readable and reproducible format or it is necessary to access backup files, the custodian shall charge the requesting party the actual costs incurred in producing the records in the format requested or in creating or modifying a computer program or application necessary to put the records in a readable and reproducible format or in accessing backup files.(3) Electronic records will be produced only in a read-only format.(4) If the custodian utilizes an outside vendor to produce copies of the requested records because the Department is unable to produce the copies, the cost charged by the vendor to the Department shall be recovered from the requesting party.(5) Delivery and/or shipping costs incurred may be included in the total amount charged for the records release if appropriate.(6) Payment must be made in advance in the form of a check or money order made payable to the "Treasurer, State of Tennessee".(7) The Department adopts the "Frequent and Multiple Requests Policy" and any successor policy developed by the Office of the Open Records Counsel for copies of public records made pursuant to the Tennessee Public Records Act, T.C.A. § 10-7-501, et. seq. A Records Custodian may aggregate such requests on any level, whether by agency, department, bureau, division, office or otherwise.(8) A Records Custodian may waive or reduce charges governed by these rules if:(a) Charges total less than Ten Dollars ($10.00);(b) The person requesting the copies is indigent pursuant to Federal poverty guidelines and signs a statement to that effect; or(c) The person requesting the copies does so on behalf of a government agency.(9) The Commissioner may waive or reduce charges governed by these rules if the charges exceed Ten Dollars ($10.00). A person requesting such reduction or waiver must do so in writing submitted to the Records Custodian.Tenn. Comp. R. & Regs. 1200-35-01-.05
Original rule filed October 5, 2012; effective January 3, 2013.Authority: T.C.A. §§ 4-4-103, 4-5-218(b) and (d), 8-4-604 and 10-7-506(a).