Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-09 - Access to Public Records of the Department of Human Services
Chapter 1240-09-01 - ACCESS TO PUBLIC RECORDS OF THE DEPARTMENT OF HUMAN SERVICES
Section 1240-09-01-.03 - REQUESTS FOR ACCESS TO RECORDS
Universal Citation: TN Comp Rules and Regs 1240-09-01-.03
Current through September 24, 2024
(1) Processing of Requests to View Public Records.
(a) An
in-person request for access to public records of the Department shall be made
during the regular business hours of the Department from 8:00 AM to 4:30 PM,
Monday through Friday, except for holidays.
(b) All requests for access to public records
of the Department made in-person, or by any other means, shall be directed to
the Records Custodian, State Office of the Department of Human Services, 400
Deaderick Street, 15th floor, Nashville, Tennessee
37243.
(c) All requests for access
to the Department's public records shall identify with reasonable specificity
the record, set or system of records which is requested.
(d) Requests will be processed on a
first-come, first-served basis; provided, that the Commissioner, or the
Commissioner's designee, may at any time alter this provision when
circumstances warrant.
(2) Prior Review and Assessment for Confidential, Privileged or Protected Material/Non-Routine Requests.
(a) Review, Assessment and Redaction of
Records.
1. Before providing access to the
requested record, the Department's staff shall review as quickly as reasonably
possible the requested records that have been located consistent with the
availability of appropriate staff and with regard to the scope of the records
request, and make an assessment of the status of the records, the scope of the
requested access and the time required for a response.
2. Upon review, the Department's staff will
redact any data or information prior to release of the record, or portion of
the record, that it determines has, or may have, confidential, privileged or
otherwise protected material in the record that is subject to the Tennessee
Public Records Act.
(b)
If the Department determines that none of the provisions of subparagraph (c)
below apply and access can otherwise be provided immediately, it shall do
so.
(c) If it appears from the
Department's review and assessment that access to the record, or the system of
records, cannot be provided immediately because:
1. Additional time is required to locate and
retrieve the records because the records are not stored on the site or cannot
be located;
2. The record or
records require redaction of confidential, privileged or otherwise protected
material;
3. The record is subject
to current use as part of an on-going investigation and cannot be provided
without interrupting or jeopardizing the investigation and/or its timeliness,
or the unavailability of the record to the Department's staff will jeopardize
the health, safety or welfare of the persons the investigation is intended to
protect or the persons involved in the investigation;
4. A computer or computer system that
contains the record is unable to be accessed, is undergoing maintenance or
re-programming for any Departmental program purposes, and/or cannot be accessed
without substantially interfering with the delivery of services to the public
or without damage to the integrity, operability or functioning of any computer
or computer system;
5. Production
of the record or records will require development of a program or application
to provide access to, or a readable format for access to, electronic or
magnetic sources of the record or records; or
6. For any reason, then the Department shall
inform the requestor of the assessment and the approximate time required to
comply with the request and provide a summary of the basis for the assessment
regarding access to the records.
Authority: T.C.A. §§ 4-5-201 et seq.;4-5-202; 8-4-604(a)(3); 71-1-105; 10-7-503; 10-7-504(a)(7); 10-7-506;10-7-506(a); 71-1-105(4) and (12); Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).
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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