1. (1) Processing of Requests for Copies of Public Records.

   1. (a) An in-person request for copies of public records of the Department shall be made during the regular business hours of the Department from 8:00 AM to 4:30 PM, Monday through Friday, except for holidays.
   2. (b) All requests for copies of public records of the Department made in-person, or by any other means, shall be directed to the Records Custodian, Tennessee Treasury Department, 502 Deaderick Street, 10th Floor, Andrew Jackson State Office Building, Nashville, Tennessee 37243.
   3. (c) All requests for copies of the Department’s public records must be made in writing to the Records Custodian of the Tennessee Department of Treasury, and shall identify with reasonable specificity the record, set or system of records which is requested.
   4. (d) Records requests will be processed on a first-come, first-served basis; provided, that the State Treasurer, or the Treasurer’s designee, may at any time alter this provision when circumstances warrant.

2. (2) Prior Review and Assessment for Confidential, Privileged or Protected Material.

   1. (a) Review, Assessment and Redaction of Records for Copy Request.

      1. 1. Before reproducing copies of the requested record, the Department’s staff shall review as quickly as reasonably possible the requested records consistent with the availability of appropriate staff and with regard to the scope of the records request, and make an assessment of the status and scope of the copy request and the time and costs required to locate, retrieve, review, redact, and reproduce the records.
      2. 2. Upon review, Department staff will redact any data or information prior to release of the record, or portion of the record, that it determines has, or may have, confidential, privileged or otherwise protected material in the record that is subject to the Tennessee Public Records Act.
   2. (b) If the Department determines that none of the provisions of subparagraph (c) apply and copies can otherwise be provided immediately, it shall do so.

   3. (c) If it appears from the Department’s assessment that reproduction of the record, or the system of records, cannot be provided immediately because:

      1. 1. Additional time is required to locate and retrieve the records because the records are not stored on the site or cannot be located;
      2. 2. The record or records require redaction of confidential, privileged or otherwise protected material;
      3. 3. The record is subject to current use as part of an on-going investigation and cannot be provided without interrupting or jeopardizing the investigation and/or timeliness;
      4. 4. A computer or computer system that contains the record is unable to be accessed, is undergoing maintenance or re-programming for any Departmental program purposes, and/or cannot be reproduced without substantially interfering with the delivery of services to the public or without damage to the integrity, operability or functioning of any computer or computer system;
      5. 5. Reproduction of the record or records will require development of a program or application to provide copies, in a readable format from, electronic or magnetic sources of the record or records, or that the person or entity has requested copies of the record in a specific format, and that such program, application or format does not currently exist; or
      6. 6. For any other reason, then the Department shall inform the requesting person of the assessment and the reasonable approximate time required and costs involved in complying with the request and a summary of the basis for the assessment regarding the costs of reproducing the records.

Authority: T.C.A. §§ 4-3-2401; 10-7-503 and 10-7-506; Tennessee Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); and Op. Tenn. Atty. Gen. 01-021 (Feb. 8, 2001). Administrative History: Original rule filed October 1, 2010; effective March 31, 2011.