Rules & Regulations of the State of Tennessee
Title 0100 - Alcoholic Beverage Commission
Chapter 0100-14 - Access to Public Records Held by the Commission
Section 0100-14-.04 - RESPONSES TO REQUESTS FOR PUBLIC RECORDS

Universal Citation: TN Comp Rules and Regs 0100-14-.04

Current through December 26, 2024

(1) Public Records Request Coordinator.

(a) The PRRC shall review public records requests and determine the following:
1. Whether the requester has provided evidence of Tennessee citizenship pursuant to Rule 0100-14-.03(3);

2. Whether the records requested are described with sufficient specificity to identify them;

3. Whether the TABC is the custodian of the records; and

4. Whether the records requested, or any of their contents, are protected and, thus, not subject to disclosure based on applicable federal or state law or rules.

(b) The PRRC shall acknowledge receipt of the request and take any of the following appropriate actions:
1. Inform the requester of this rule chapter and the determinations made regarding:
(i) Evidence of Tennessee citizenship;

(ii) Fees (and labor threshold and waivers, if applicable);

(iii) Aggregation of multiple or frequent requests; or

(iv) Need for clarification of the request(s).

2. As appropriate, deny the request in writing and provide the appropriate ground(s) for denial, which may include:
(i) The requester is not a Tennessee citizen or has not presented evidence of Tennessee citizenship;

(ii) The request lacks specificity. The Commission may work with a requester to clarify the request;

(iii) An exemption makes the requested record protected from disclosure;

(iv) TABC is not the custodian of the requested records;

(v) The records requested do not exist; or

(vi) Any other legal grounds for denial.

3. As appropriate, contact the requester to see if the request can be narrowed or otherwise clarified.

4. Forward the records request to the appropriate records custodian within TABC.

5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requester of the correct governmental entity and PRRC for that entity, if known.

(2) Records Custodian.

(a) Upon receiving a public records request, a TABC records custodian in collaboration with the PRRC shall gather the requested public records in accordance with T.C.A. § 10-7-503. Before making the records available, General Counsel or his/her designee shall conduct a review to ensure the preservation of confidential or protected information as provided in state and federal law.

(b) If it is not practicable to promptly provide the requested records, the records custodian in collaboration with the PRRC shall, within seven (7) business days from the records custodian's receipt of the request, direct the PRRC to send the requester a written response indicating the reason for the delay and an estimate of the additional time necessary to produce the records or information. Reasons for delay may include:
1. To determine whether the requested records exist;

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

3. To determine whether all or part of the records are open or confidential;

4. To redact records; or

5. For other similar reasons.

(c) If a records custodian in collaboration with the PRRC denies a public records request, the PRRC shall deny the request in writing.

(d) If a records custodian in collaboration with the PRRC reasonably determines that 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 PRRC's response shall notify the requester that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. As appropriate, the records custodian or PRRC should contact the requester to see whether the request can be narrowed.

(e) If a records custodian discovers that records responsive to a request were omitted, the records custodian shall promptly contact the PRRC concerning the omission and produce the records as quickly as practicable. The PRRC will contact the requester and supplement the records response.

Authority: T.C.A. §§ 10-7-503 and 10-7-504.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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