Current through September 24, 2024
(1) Purpose
The purpose of this rule is to establish the process by which
the Department will provide access to its public records pursuant to the TPRA.
Personnel of the Department shall provide timely access and assistance to
persons requesting to inspect or receive copies of public records. No provision
of these rules shall be used to hinder access to the Department's public
records. The public records of the Department are presumed to be open for
inspection unless otherwise provided by law. However, the confidentiality,
integrity, and organization of records, as well as the efficient and safe
operation of the Department, shall be protected.
(2) Definitions
"Department" means the Tennessee Department of Environment
and Conservation.
"OORC" means the Tennessee Office of Open Records
Counsel.
"Public records" means all documents, papers, letters, maps,
books, photographs, microfilms, electronic data processing files and output,
films, sound recordings, or other material, regardless of physical form or
characteristics, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any governmental agency. Public
records do not include the device or equipment, including, but not limited to,
a cell phone, computer, or other electronic or mechanical device or equipment,
that may have been used to create or store a public record.
"Public Records Request Coordinator" and "PRRC" mean the
individual designated by this rule who has the responsibility to ensure public
record requests are routed to the appropriate records custodian and are
fulfilled in accordance with the TPRA. The Public Records Request Coordinator
may also be a records custodian. The term also includes the Public Records
Request Coordinator's designee.
"Records custodian" means the office, official, or employee
lawfully responsible for the direct custody and care of a public record. The
records custodian is not necessarily the original preparer or receiver of the
record.
"Requestor" means a person seeking access to a public record,
whether it is for inspection or duplication.
"TPRA" means public records laws compiled in T.C.A. Title 10,
Chapter 7, Part 5, often referred to as the Tennessee Public Records
Act.
(3) Requesting Access
to Public Records
(a) Except as described in
this subparagraph, public records requests shall be submitted to the PRRC to
ensure the requests are routed to the appropriate records custodian and
fulfilled in a timely manner. Public records requests may be submitted to the
PRRC using the contact information set forth in part (4)(a)3. of this rule.
However, if a requestor submits a public records request directly to a records
custodian, the records custodian may fulfill the request without submitting the
request, response, or records through the PRRC if:
1. Responding will not incur charges under
this rule or the Schedule of Reasonable Charges issued by the OORC;
and
2. The records custodian is
reasonably certain that the information or records are not
confidential.
(b)
Requests for inspection only may be made orally to a records custodian or the
PRRC or submitted in writing using the Public Records Request Form, found in
paragraph (8) of this rule, or a substantially similar form provided by the
Department, completed in accordance with the instructions, and submitted to the
PRRC. If the request is made orally, as a best practice, the PRRC should
request a mailing or electronic mailing address from the requestor for
providing any written communication required under the TPRA.
(c) Requests for copies, or requests for
inspection and copies, shall be made in writing using the Public Records
Request Form, found in paragraph (8) of this rule, or substantially similar
form, completed in accordance with the instructions therein, and submitted to
the PRRC.
(d) The Department may
require any person making a request to view or make a copy of a public record
to present a government-issued photo identification, if the person possesses
photo identification, that includes the person's address. If a person does not
possess photo identification, the Department may require other forms of
identification acceptable to the Department.
(e) The Department is not required to sort
through files to compile information or to create or recreate a record that
does not exist. Any request for inspection or copying of a public record shall
be sufficiently detailed to enable the Department to identify the specific
records to be provided for inspection and copying. A potential requestor who is
uncertain of either how to sufficiently identify records or if certain records
exist may contact the PRRC or other appropriate Department personnel for
assistance prior to submitting a records request. The Office of General Counsel
represents the Department in matters related to public records
requests.
(4) Responding
to Public Records Requests
(a) Public Records
Request Coordinator
1. The PRRC, or a records
custodian fulfilling a request in accordance with subparagraph (3)(a) of this
rule, shall review public record requests and make an initial determination of
the following:
(i) If the requestor identified
himself or herself as a Tennessee citizen;
(ii) If the records requested are described
with sufficient detail to enable the Department to identify the specific
records that are to be provided; and
(iii) If the Department is the custodian of
the records.
2. The PRRC
shall acknowledge receipt of the request and take any of the following
appropriate action(s):
(i) Advise the
requestor of the requirements of this rule for obtaining public records, if the
requirements have not been met.
(ii) Deny the request in writing using the
Public Records Request Response Form developed by the OORC (the "Response
Form"), or a substantially similar form, providing the appropriate ground,
including but not limited to the following:
(I) The requestor is not, or has not
presented evidence of being, a Tennessee citizen.
(II) The request lacks sufficient detail to
identify the specific records to be provided for inspection or
copying.
(III) An exemption or
other law makes the record not subject to disclosure under the TPRA. The
specific exemption or other law will be provided to the requestor in accordance
with the TPRA.
(IV) The Department
is not the custodian of the requested records.
(V) The records do not exist.
(iii) Contact the requestor to
discuss modification or clarification of the request.
(iv) Forward the records request to the
appropriate records custodian in the Department.
(v) 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.
3.
(i) The title of the PRRC is "Tennessee
Department of Environment and Conservation, Public Records Request
Coordinator." The PRRC's contact information is:
Tennessee Department of Environment and Conservation 312 Rosa
L. Parks Ave., 2nd floor
Nashville, TN 37243
615-532-0109
TDEC. Public.Records.Request@tn.gov
https://www.tn.gov/environment/contacts/public-records-request.html
(ii) Any changes to the contact
information will be posted on the Department's website.
(b) Records Custodian
1. Upon receiving a public records request
for inspection or copies, a records custodian shall promptly make the requested
public records available in accordance with T.C.A. §
10-7-503.
If the records custodian is uncertain as to whether an applicable exemption or
other law would apply to make requested records confidential, the records
custodian shall consult with the PRRC.
2. If it is not practicable for the records
custodian to promptly provide the 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 subject to confidentiality requirements; to redact records; or for other
similar reasons, then a records custodian shall contact the PRRC to discuss the
reason(s). The PRRC shall send the requestor a completed Response Form within
seven business days from the date the Department received the request and
provide the reason(s) additional time is needed to respond to the
request.
3. If the Department
intends to deny a public record request, the records custodian shall coordinate
with the PRRC. If the PRRC determines that grounds for denial exist, the PRRC
shall deny the request in writing as provided in subpart (a)(2)(ii) of this
paragraph using the Response Form.
4. 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 Department shall use the Response Form, 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 the Department deems it appropriate, the PRRC may contact the
requestor to see if the request can be narrowed.
5. If a records custodian discovers records
that existed at or before the time of the records request and that are
responsive to the records request but were omitted from the Department's
response to the records request, the Department shall contact the PRRC to
explain the omission, and the PRRC shall contact the requestor concerning the
omission and produce the records as quickly as practicable.
(c) Confidential Records and
Redaction
1. Records that are designated by
law as confidential, including but not limited to records designated as
confidential under T.C.A. §
10-7-504,
shall not be open for public inspection.
2. In accordance with T.C.A. §
10-7-504(a)(21)(A)(i),
the following records, and any other records determined by the Department to
allow a person to identify areas of structural or operational vulnerability of
a utility service provider or permit unlawful disruption to, or interference
with, the services provided by a utility service provider, shall be treated as
confidential and shall not be open for public inspection:
(i) The latitude and longitude coordinates of
public water system wells, intakes, water mains, water tanks, valves and GIS
analyses derived from these data;
(ii) Records pertaining to the delineation of
source water protection areas; and
(iii) Records pertaining to well head
protection areas and inventories of significant potential contaminant
sources.
3. If a record
contains confidential information or information that is not open for public
inspection, the Department shall prepare a redacted copy prior to providing
access to the record. However, if the entire record is confidential, then it
shall not be deemed a public record and shall not be produced. Whenever a
redacted record is provided, the PRRC should provide the requestor with the
basis for redaction, which shall be general in nature and not disclose
confidential information. The redaction of confidential information shall not
constitute the creation of a new record. Costs associated with redacting
records, including the cost of copies and staff time to provide redacted
copies, shall be borne as provided by law.
(5) Inspection of Records
(a) The Department will not charge for
inspection of the Department's public records.
(b) The PRRC or records custodian shall
promptly respond to a public records request for inspection. The time and
location for inspection of records within the offices of the Department should
be coordinated with the PRRC or records custodian.
(6) Copies of Records
(a) The PRRC or records custodian shall
promptly respond to a public records request for copies.
(b) Copies will be available for pickup at a
location specified by the records custodian or PRRC.
(c) If records are available in electronic
form and the requestor agrees, the Department may provide such records via
electronic mail, a web-based sharing platform, or other means to reduce costs
and delivery time. Otherwise, copies will be shipped to the requestor's
address.
(d) A requestor may make
copies of public records with personal equipment, if the equipment does not
require contact with the record. However, the Requestor shall not connect any
personal equipment directly to a Department computer, including, but not
limited to, utilizing a flash drive, in order to make copies of public
records.
(7) Fees and
Charges and Procedures for Billing and Payment
(a) Production Costs
Upon a request for records under the TPRA, the Department
shall charge the requestor a reasonable charge for production costs, including
labor, duplication, and delivery, based on the most current Schedule of
Reasonable Charges issued by the OORC, available at the website of the OORC. If
a public record has commercial value as that term is described by T.C.A. §
10-7-506(c),
the Department shall charge the requestor an additional fee in accordance with
the procedure set out in Rule
0400-40-01-.02.
(b) Payment of Production Costs
The Department shall provide the requestor an estimate of the
production costs, including labor, duplication, and delivery, before the
initial production of the requested records. The Department shall require the
requestor to provide full payment of the production costs, including postage if
applicable, before copies of the requested records are delivered or otherwise
made available.
(c) Waiver
of Production Costs.
1. The Department shall
waive the production cost if the total production cost, including labor,
duplication, and delivery, is less than $50.
2. When the requestor is a federal, state, or
local government agency, the Department may produce the requested copies of
public records without charge if the Commissioner determines that the
production is in the best interest of the public. A request made by a federal,
state, or local government agency on behalf of a citizen under the TPRA shall
be treated as a request by a citizen and charged accordingly.
3. The Department will not charge for the
first hour of labor for each request unless the requests are aggregated as
provided in subparagraph (e) of this paragraph.
(d) Reduction of Fees.
The Commissioner may reduce any part of the fees calculated
under these rules upon the Commissioner's determination that the reduction is
in the best interest of the public.
(e) Aggregation of Frequent and Multiple
Requests
1. The Department will aggregate
requests for inspection or copies of records in accordance with the Reasonable
Charges for Frequent and Multiple Request Policy promulgated by the OORC when
four or more requests are received within a calendar month either from a single
individual or from a group of individuals deemed by the Department to be
working in concert.
2. Records
requests will be aggregated at the Department level.
3. The PRRC is responsible for making the
determination that a group of individuals is working in concert. The PRRC or
the records custodian will inform the individuals that they have been deemed to
be working in concert and that they have the right to seek review from the
OORC.
4. Public records requests
involving routinely released and readily accessible records may be excluded
from aggregation. However, a requestor will be encouraged to search for such
records online prior to submitting a public records request.
5. Once a requestor makes four or more
requests in a calendar month, the Department is no longer required to deduct
one hour from the labor cost. The Department will deduct one hour of labor cost
for each of the first three requests in a calendar month.
(8) Public Records
Request Form
PUBLIC RECORDS REQUEST
The Tennessee Public Records Act (TPRA) grants Tennessee
citizens the right to access records made or received pursuant to law or
ordinance or in connection with the transaction of official business by any
governmental entity that exist at the time of the request. The TPRA does not
require records custodians to compile information or create or recreate records
that do not exist.
Many of the Department's public records are available via
online data viewers or public notice web pages. Potential requestors are
encouraged to check these online sources for the availability of desired public
records before submitting a public records request.
To: Public Records Request Coordinator, Tennessee Department
of Environment and Conservation, 312 Rosa L. Parks Ave., 2nd floor, Nashville,
TN 37243 or email to: TDEC.Public.Records.Request@tn.gov
From:
_____________________________________________________________________________
Requestor's Name and Contact Information
Is the requestor a Tennessee citizen? [] Yes [] No
Request: [] Inspection
[] Copy/Duplicate
If costs for copies are assessed, the requestor has a right
to receive an estimate. Do you wish to waive your right to an estimate and
agree to pay copying and production costs in an amount not to exceed
$______________________? If so, initial here:___________________.
Delivery preference: [] On-Site Pick-Up [] USPS First-Class
Mail
[] Electronic []
Other:____________________________________
Records Requested:
Provide a detailed description of the record(s) requested,
including:
(1) type of
record;
(2) timeframe or dates for
the records sought; and
(3) subject
matter or key words related to the records. Under the TPRA, record requests
must be sufficiently detailed to enable a governmental entity to identify the
specific records sought. As such, your record request must provide enough
detail to enable the records custodian responding to the request to identify
the specific records you are seeking.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________
Signature of Requestor and Date Submitted
CN-[ ]
Authority: T.C.A. §§
4-5-201,
et seq., 10-7-503; 10-7-504(a)(21); 11-1-101; 11-1-108; and
68-203-103.
