Tenn. Comp. R. & Regs. 1395-01-06-.07
Certification of Records
Effective Mar 30, 2002Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S. Ct. 416, 95 L. Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.Tennessee Bureau of Investigation
- (1) Whenever official attestation, sealing, and certification of records, reports, documents, and actions are required by law, certification does not create any greater or additional certification than authorized by law.
- (2) Every report of the FSD rendered or administered in connection with any case in a criminal, juvenile, or municipal court, or when otherwise required by law, or dealing with alcohol or drug content of blood, breath or urine shall bear the following certification: Certification: I certify and attest that this document is the proper record it purports to be. /s/ Designated Representative of TBI Director
(3) The following persons shall be responsible for the certification of any FSD report prepared at a bureau facility under their supervision:
- (a) the assistant director for forensic services; or
- (b) any crime laboratory regional supervisor.
- (4) The certification of criminal histories, when required by law, shall bear the certification in (2) above, and shall also contain the following certification: I hereby attest that the above is a true and accurate xerographic representation of the fingerprints of: as maintained by the State Central Repository of Criminal History Records by the Records and Identification Unit of the Tennessee Bureau of Investigation. I further attest that I am the Supervisor of the Records and Identification Unit and Official Custodian of Records for the Tennessee Bureau of Investigation. Signature of Custodian of Records Date Typed or Printed Name
- (5) The attestation, scaling and certification of records, reports, documents, and actions other than those listed above, including the authentication of identification of bureau personnel with the public and internal documents of the bureau, shall be executed by the director, deputy director, assistant director, information systems director, personnel director, or general counsel, as appropriate to the material certified.
- (6) All certification shall contain the official bureau seal as follows: PRODUCTION OF DOCUMENTS AND TESTIMONY When the seal is used, it may be affixed by being printed or impressed.
Authority: T.C.A. §§4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S. Ct. 416, 95 L. Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45. Administrative History: Original rule filed November 6, 2001; effective March 30, 2002.