Tenn. Comp. R. & Regs. 0580-01-02-.03 - REQUESTS FOR INSPECTION OR FOR REPRODUCTION OF PUBLIC RECORDS

(1) A request to the Commission for inspection or reproduction of Public Records may be made in person, via telephone, via e-mail, postal mail, or facsimile transmission; provided, however, that a citizen making a request by telephone may be asked to follow up with a written request to the Commission. The request shall identify with reasonable specificity the Public Record, set or system of Public Records which is being requested.

(2) Within seven (7) days after receipt of the request for inspection, or inspection and reproduction, of the requested Record, Commission legal staff shall review the records that are within the scope of the request to determine whether the Records appear to be Public Records and, if so, assess the status of the Public Records and the scope of the request.

(3) Upon review and prior to the release of the requested Public Record, the Commission's staff may redact any data or information in the Public Record that is confidential, privileged or otherwise protected from disclosure by state law.

(4) If it appears from the Commission legal staff's review and assessment that any requested Record is a Public Record but that inspection and/or reproduction of the Record, or the system of Records, cannot immediately be provided, then the Commission staff shall act in accord with T.C.A. § 10-7-503 and within seven (7) days after receiving the request, furnish the requestor with a completed records request response form. The request response form shall be the current form as promulgated by the Office of Open Records Counsel.

(5) Denial of Request to Inspect or Reproduce Records. If, within the seven (7) days after receipt of the request, it appears from the Commission staff's review and assessment that any Record within the scope of the request is, pursuant to state or federal law, not subject to public inspection or reproduction, Commission staff shall provide notice of the basis of the denial to the requesting individual or entity in writing as required by law. Staff may use the current records request response form as promulgated by the Office of Open Records Counsel.

Notes

Tenn. Comp. R. & Regs. 0580-01-02-.03

Original rule filed November 30, 2007; effective March 28, 2008. Amendment filed February 27, 2009; effective June 26, 2009.

Authority: T.C.A. §§ 4-5-201 et seq.,3-6-107, 3-6-107(1); 8-6-604; 10-7-501 through 10-7-515; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).