Section 1395-01-06-.01 - DEFINITIONSThe following definitions shall apply to the terms in this chapter:
(1) Bureau - means the Tennessee Bureau of Investigation or TBI.(2) CID - means the Criminal Investigation Division.(3) Civil action - means any State or Federal civil judicial proceeding in a court of record, including any proceeding in which a State employee is a party in the employee's official or individual capacity and any proceeding pursuant to 28 U.S.C. § 2254.(4) Investigative records - means anything contained in the investigative files of the bureau, which are confidential pursuant to Tenn.Code Ann. § 10-7-504(a)(2).(5) Criminal action - means any State, Federal, or foreign criminal investigation or prosecution by a law enforcement agency, including any State post-conviction proceeding.(6) DID - means the Drug Investigation Division.(7) Director - means the director of the bureau.(8) FSD - means the Forensic Services Division.(9) General counsel - means the chief in-house attorney for the bureau.(10) Law enforcement agency - means any State, Federal, or foreign governmental agency having statutory power of arrest whose primary function is that of detection, apprehension, and institution of prosecutions and which allocates more than fifty percent (50%) of its budget to the administration of criminal justice. Law enforcement agency also means the office of any State, Federal, or foreign prosecutor and the Tennessee Attorney General, but not a State, Federal, or foreign public defender.(11) Legal process - means any State or Federal subpoena or order in a civil action.(12) Legal counsel - means the general counsel or any other lawyer employed as an attorney by the bureau or an attorney with the Office of the Attorney General of Tennessee.(13) Official information - means any documents, material or information acquired or created by the bureau as a part of its official duties or acquired by an employee because of the employee's official status. This term also includes the testimony of an employee on a matter within the scope of the employee's official duties, or testimony based on knowledge acquired by an employee by virtue of that employee's official status. Official information includes, but is not limited to, "confidential information."(14) Request to inspect - means a request to inspect public records pursuant to the Tennessee Public Records Act, Tenn.Code Ann. § 10-7-503.(15) State - means the State of Tennessee.Tenn. Comp. R. & Regs. 1395-01-06-.01
Original rule filed November 6, 2001; effective March 30, 2002.Authority: T.C.A. §§ 4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S. Ct. 416, 95 L. Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.