Rules & Regulations of the State of Tennessee
Title 1540 - Higher Education Commission
Chapter 1540-01-11 - Access to Public Records
Section 1540-01-11-.04 - RESPONDING TO PUBLIC RECORDS REQUESTS

Universal Citation: TN Comp Rules and Regs 1540-01-11-.04

Current through September 24, 2024

(1) Upon receipt of a public records request, the PRRC shall review the request, consult with the appropriate Records Custodian as needed, and make an initial determination of the following:

(a) If the Requestor provided sufficient evidence of Tennessee citizenship pursuant to Rule 1540-01-11-.03(6);

(b) If the records requested are described with sufficient specificity to identify them; and

(c) If the Commission is the custodian of the Public Records.

(2) The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

(a) Advise the Requestor of these Rules regarding:
1. Requirement of proof of Tennessee citizenship;

2. Form(s) required for copies;

3. Fees, labor thresholds, and waivers, if applicable; and

4. Aggregation of multiple or frequent requests.

(b) Denial of the request as outlined in Rule 1540-01-11-.04(3);

(c) If appropriate, contact the Requestor to determine if the request can be clarified.

(d) Upon acknowledgement of receipt of the request, immediately forward the records request to the Records Custodian.

(3) If appropriate, the Commission will deny the request in writing using the Commission's Public Records Request Response form, providing the ground for denial which may include, but shall not be limited to:

(a) The Requestor is not a Tennessee citizen;

(b) The request lacks sufficient specificity, in which case the PRRC shall offer to assist in clarification;

(c) The record request is exempt from disclosure under the TPRA. The PRRC shall provide the applicable exemption in the written denial.

(d) The Commission is not the custodian of the requested records. If the requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, the PRRC will advise the Requestor of the correct governmental entity;

(e) The record(s) requested do not exist.

(4) The PRRC shall coordinate with the appropriate Records Custodian to promptly make public records available in accordance with T.C.A. § 10-7-503. If not practicable to promptly provide the requested records or the records need to be segmented because of the large volume of records to be provided, then the PRRC, or Records Custodian as designee, shall, within seven (7) business days from the receipt of the request, send the Requestor a completed Public Records Request Form notifying them of such, and that a records production schedule will be provided as expeditiously as practicable. Any segmentation of records must be authorized by the PRRC or the Commission's General Counsel's Office.

(5) If a Public Record contains information not subject to disclosure under the TPRA, the Commission shall prepare a redacted copy of the Public Record prior to providing access. Whenever a redacted record is provided, the Commission shall provide the Requestor with the basis for redaction. Any redaction must be authorized by the PRRC or the Commission's General Counsel's office.

(6) If the PRRC or Records Custodian discovers records responsive to a records request were inadvertently omitted, the PRRC, or Records Custodian as designee, will contact the Requestor concerning the omission and produce the records as quickly as practicable.

(7) The Records Custodian shall provide the requested records to the PRRC once compiled. The PRRC will coordinate delivery of the records to the Requestor for pickup, by mail to the Requestor's home address or other acceptable address within Tennessee, or by electronic delivery to an email provided by the Requestor.

Authority: T.C.A. §§ 10-7-503 and 10-7-506.

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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