Tenn. Comp. R. & Regs. 1240-09-01-.02 - DEFINITIONS

(1) "Commissioner" is the executive officer in charge of the Tennessee Department of Human Services.

(2) "Commissioner's Designee" means Deputy Commissioner, Assistant Commissioners, Staff Attorneys, Directors, Program Managers and/or Counselors of the Department of Human Services.

(3) "Labor" means the time reasonably necessary for the Department's staff to produce the requested records and includes the time spent locating, reviewing, including the time required to assess the costs necessary for reproduction, redacting and reproducing the records.

(4) "Non-routine Copy" is a copy, whether of paper or of electronically stored data, which requires more than minimal staff assistance, i.e., odd or oversize pages, bound documents, or manipulation of electronically stored data. Any records, even if stored electronically or magnetically, shall be deemed to be non-routine copies if it is necessary for Department personnel or contractors to print the copies of the record by means of a separate screen-print for each individual page of the record.

(5) "Public Record"

(a) "Public Record" means any record of the Department that is deemed to be open to inspection of the public pursuant to the provisions of the defined in T.C.A. § 10-7-503(a)(1): The terms "public record or records" or "state record or 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.

(b) The term "Public Record" does not include any data in any record, or any portion of a record, that is:

1. protected as confidential or privileged pursuant to any state or federal law, regulation, court order or court rule; or

2. protected as privileged under any statutory or common law privilege; or

3. protected as any attorney work product; or

4. protected by the attorney/client or any other professional privilege, or

5. reasonably expected by its disclosure to reveal the name or location of a source that is protected by state or federal law or regulation as part of any statutory or regulatory requirements for reporting of abuse, neglect or harm, or that is protected by state or federal law or regulation as part of any statutory or regulatory requirement for the purpose of protecting any person from the threat of domestic violence.

(6) "Record"

(a) The term "Record" includes, for purposes of this Chapter, any data and/or documents developed and maintained by the Department, or that have been received and are maintained by the Department, during the normal course of the Department's business activities.

(b) "Records" subject to this Chapter may be maintained on paper, magnetically, or electronically, on a single computer or computer system, whether on disk, tape or otherwise.

(7) "Records custodian" means the office, official or employee lawfully responsible for the direct custody and care of a public record maintained by the Department of Human Services and is not necessarily the original preparer or producer of the record. The Department of Human Services may have more than one designated records custodian.

(8) "Redacted record" means a public record otherwise open for public inspection from which protected information has been removed or obscured prior to release or inspection.

(9) "Requestor" means a Tennessee citizen requesting access to or a copy of a public record.

(10) "Routine Copy" means a paper copy of a record which, to be made, requires minimal staff assistance, i.e., pages which are either 8½ x 11 or 8½ x 14 and can be automatically printed from electronically stored records or automatically fed into a standard copier.

(11) "Safe Harbor" means a presumption of reasonableness of the costs for records reproduction for a public records custodian who adheres to the policies and guidelines established by the Office of Open Records Counsel (OORC). Under this presumption, any fee related to the production of a copy or duplication that is charged by an entity required to provide access to public records pursuant to the Tennessee Public Records Act is presumed to be reasonable if the entity adopts and implements either the OORC Schedule of Reasonable Charges or adopts charges pursuant to a separate schedule developed in accordance with the provisions of the OORC Schedule of Reasonable Charges. The aggregation of frequent and multiple requests for copies of public records and the labor fees charged as the result of that aggregation are presumed to be reasonable if the entity adopts and implements the OORC Frequent and Multiple Request Policy or a separate policy developed in accordance with the provisions of the OORC Frequent and Multiple Request Policy.

Notes

Tenn. Comp. R. & Regs. 1240-09-01-.02

Original rule filed December 2, 2002; effective February 15, 2003. Amendments filed December 10, 2009; effective March 10, 2010.

Authority: T.C.A. §§ 4-5-201 et seq.;4-5-202; 8-4-604(a)(3); 10-7-504(a)(7); 10-7-506; 10-7-506(a); 10-7-503 and 71-1-105; 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).