Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-08 - Administrative Division
Chapter 1340-08-01 - RULES AND REGULATIONS FOR ACCESS TO PUBLIC RECORDS
Section 1340-08-01-.09 - AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS
Universal Citation: TN Comp Rules and Regs 1340-08-01-.09
Current through September 24, 2024
(1) TDOSHS will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month (either from a single individual or a group of individuals deemed working in concert).
(2) Aggregation:
(a) The level at which records requests will
be aggregated is at the departmental level.
(b) The PRRC is responsible for making the
determination that a group of individuals are working in concert. The PRRC or
the records custodian must inform the individuals that they have been deemed to
be working in concert and that they have the right to appeal the decision to
the OORC.
(c) When the total number
of requests made by a single requestor, or multiple requestors who the PRRC
deems to be working in concert, during a calendar month exceeds four (4), the
PRRC or records custodian shall charge the requestor a fee for all labor that
is reasonably necessary to produce copies of the requested records. The
requestor is not entitled to one (1) free hour of labor before additional costs
are assessed.
1. When the total number of
requests in a calendar month exceed four (4), the requestor must be notified in
writing that a fee will be charged for all labor reasonably necessary to
produce additional materials for copying, what requests have been aggregated,
and the dates and fees associated with each request.
2. Labor costs shall be assessed as set forth
in the Schedule of Reasonable Charges set for by the Comptroller of the
Treasury Office of Open Records Counsel.
(d) The total number of public records
requests made by a requestor and by any other individual may be aggregated if
the PRRC reasonably believes the requestor(s) to be acting in concert with or
as the agent of another person, entity, or organization. When aggregating
requests to one (1) or multiple requestors, the PRRC shall provide a notice of
aggregation to all requestors.
(e)
If a PRRC or records custodian aggregates multiple requests by multiple
requestors, they must promptly inform the requestors, in writing, of the
determination to aggregate, that each individual has the right to appeal the
aggregation determination to the OORC, and the estimated cost of labor
associated with the aggregated requests.
(3) Requests for items that are routinely released and readily accessible, such as agendas and meeting minutes, are exempt from this provision.
(4) Any dispute regarding aggregation shall be brought to the OORC.
Authority: T.C.A. §§ 4-3-2009; 10-7-501, et seq.; and 10-7-503, et seq.
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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