Tenn. Comp. R. & Regs. 1240-09-01-.07 - WAIVER OF FEES

(1) The Commissioner or the Commissioner's designee may waive the applicable fees for copies as defined above when the amount for such copies is equal to or less than One Dollar ($1.00). Costs for reproduction of records above One Dollar ($1.00) shall be charged as otherwise required by this Chapter, unless waived pursuant to this Section.

(2) The Commissioner or the Commissioner's designee may allow payment to be delayed under such circumstances as the Commissioner or the Commissioner's Designee may, in his or her discretion, determine is appropriate.

(3) If the Commissioner or the Commissioner's designee determines that the person who seeks copies of these public records is indigent under Federal poverty guidelines, then the Commissioner or the Commissioner's designee may waive the applicable fees.

(4) Excessive or unreasonable requests for waivers, or requests that can otherwise be reasonably construed as an attempt to avoid the intended compensation for copies that exceed One Dollar ($1.00), as described in Paragraph (1), may be denied.

(5) The Commissioner or the Commissioner's designee, may, in his or her discretion, provide copies of rules, policy, state or federal programs, guidance documents, public reports, etc., without charge:

(a) for general public information or announcement purposes to applicants for, or recipients of, services from the Department's programs, or to provide information to such persons or their representatives in response to case-specific situations;

(b) to legislative, judicial or administrative bodies or tribunals as part of providing general or specific information or clarification regarding the Department's programs or activities or in response to a case-specific request relative to applicants for, or recipients of, services from the Department or its employees, or for any other purpose;

(c) to other state, county or local agencies, their investigative, administrative, enforcement, regulatory, audit or law enforcement agencies, or for any other purpose;

(d) to advocacy groups, as determined by the Department, for persons served by the Department, to provide information or clarification, regarding Department programs or activities involving the Department's programs and policies;

(e) to federal law enforcement, audit, program, administrative or regulatory agencies, or for any other purpose, or

(f) if necessary to comply with any provisions of federal or state laws, court orders, regulations or policy directives.

Notes

Tenn. Comp. R. & Regs. 1240-09-01-.07

Original rule filed December 2, 2002; effective February 15, 2003.

Authority: T.C.A. §§ 4-5-201 et seq.,71-1-105; 10-7-503 and 10-7-506; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).