Tenn. Comp. R. & Regs. 0250-06-01-.05
Responding to Public Records Requests
Effective Aug 25, 2025Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).Tennessee Department of Children's Services
(1) The PRRC shall review public records requests and make an initial determination of the following:
- (a) Whether the requester provided proof of Tennessee citizenship as described in Rule 0250-06-01-.04(4);
- (b) Whether the request sufficiently describes the records sought; and
- (c) Whether DCS is the custodian of the requested records.
(2) The PRRC shall acknowledge receipt of a public records request and take one or more of the following actions, as appropriate:
(a) Advise the requester of these rules and requirements regarding:
- 1. Evidence of Tennessee citizenship as set forth in 0250-06-01-.04(4);
- 2. The form required to request copies as set forth in Rule 0250-06-01-.11;
- 3. Fees as set forth in Rule 0250-06-01-.09; and
- 4. Aggregation of multiple or frequent requests as set forth in Rule 0250-06-01-.10.
- (b) Contact the requester to see if the request can be narrowed.
- (c) Forward the records request to the appropriate DCS records custodian.
- (d) Promptly make requested public records not specifically exempt from disclosure available. If it is not practicable for the requested public records to be made promptly available, the PRRC shall notify the requester in writing, within seven (7) business days from receipt of the request, indicating the reason for the delay and a reasonable estimate of the time necessary to respond to the request. Additional time may be necessary to determine whether the requested records exist; search for, retrieve, or gain access to records; determine whether the records are protected from disclosure; redact records; or other similar reasons; and
(e) Deny the request in writing within seven (7) business days of receipt, providing the basis for the denial, such as one or more of the following: DEPARTMENT OF CHILDREN’S SERVICES
- 1. The requester has not presented evidence of Tennessee citizenship;
- 2. The request lacks specificity;
- 3. A specified exemption, or state or federal law exempts the record from disclosure under the TPRA;
- 4. DCS is not the custodian of the requested records; or
- 5. The records do not exist.
Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503, 10-7-506, and 37-5-112; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001). Administrative History: Original rule filed September 19, 2006; effective December 3, 2006. Amendments filed May 27, 2025; effective August 25, 2025.