Tenn. Comp. R. & Regs. 1735 — Veterans Services

Chapter 1735-01-01 Public Records

Tenn. Comp. R. & Regs. 1735-01-01-.01 PURPOSE

The purpose of this chapter is to establish procedures concerning public records requests received by the Tennessee Department of Veterans Services, and to enable access to public records as provided under the Tennessee Public Records Act. The Tennessee Public Records Act provides that all state, county, and municipal records shall, at all times during business hours, be open for personal inspection by any citizen of this state and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. See T.C.A. § 10-7-503(a)(2)(A). Accordingly, the public records of the Tennessee Department of Veterans Services are presumed to be open for inspection unless otherwise provided by law.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.02 DEFINITIONS

(1) “Governmental entity” means the State of Tennessee, or any county, municipality, city, or other political subdivision of the State of Tennessee.

(2) “Office of Open Records Counsel” or “OORC” means the office established pursuant to T.C.A. §§ 8-4-601 et seq., or any successor office or entity.

(3) “Public record” means any record of the Department that is required to be open to inspection under the provisions of the Tennessee Public Records Act, Tenn. Code Ann. §§ 10-7-501 et seq.

(4) “Public Records Request Coordinator” or “PRRC” means the individual, or individuals, designated in Rule 1735-01-01-.05 who has, or have, the responsibility to ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the Tennessee Public Records Act. The Public Records Request Coordinator may also be a records custodian.

(5) “Records custodian” means the office, official, or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(6) “Requestor” means the individual seeking access to a public record, whether it is for inspection or duplication.

(7) “TDVS” or the “Department” means the Tennessee Department of Veterans Services.

September, 2025 2 (8) “TPRA” means the Tennessee Public Records Act, found in Title 10, Chapter 7 of the Tennessee Code Annotated.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.03 GENERAL INFORMATION

(1) The TPRA provides that all state, county, and municipal records shall, at all times during business hours, be open for personal inspection by a citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state or federal law. Accordingly, the public records of the Tennessee Department of Veterans Services are presumed to be open for inspection unless otherwise provided by law.

(2) Personnel of the Tennessee Department of Veterans Services shall timely and efficiently provide access and assistance to persons requesting to inspect or receive copies of public records. No provisions of this chapter shall be used to hinder access to open public records.

However, the integrity and organization of public records, as well as the efficient and safe operation of the Tennessee Department of Veterans Services, shall be protected as provided by current law. Concerns about this chapter should be addressed to the PRRC for the Tennessee Department of Veterans Services.

(3) This chapter shall be reviewed annually by the PRRC.

(4) This chapter shall be applied consistently throughout the various offices and divisions of the Tennessee Department of Veterans Services.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.04 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public records requests shall be made to the PRRC to ensure public records requests are routed to the appropriate records custodian and fulfilled in a timely manner. Any employee of TDVS who receives what they believe may be a public records request, formal or informal, shall immediately notify the PRRC.

(2) Requests for inspection are not required to be in writing. The PRRC may request a mailing or email address from the requestor for providing any written communication required under the TPRA.

(3) Requests for inspection may be made orally or in writing using the Public Records Request Form at the Tennessee Department of Veterans Services, located at 312 Rosa L. Parks Avenue, 13th Floor, Nashville, TN 37243, by phone at 615-741-2931, or by email at TDVS.PublicRecords@tn.gov.

(4) Requests for copies, or requests for inspection and copies, of public records shall be made in writing. Requestors may use the Public Records Request Form found in Rule 1735-01-01-.09 or any other written form of communication, such as mail or electronic mail. The request should be sent to the Tennessee Department of Veterans Services, located at 312 Rosa L. Parks Avenue, 13th Floor, Nashville, TN 37243, or by email at TDVS.PublicRecords@tn.gov.

(5) Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license, or in the discretion of the PRRC, alternative acceptable form of identification showing the requestor’s address, or proof that the requestor is the next of kin to a deceased individual interred in a September, 2025 3 Tennessee State Veterans Cemetery, is required as a condition to inspect or receive copies of public records.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.05 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records Request Coordinator.

(a) The PRRC shall review public records requests and make an initial determination of the following:

1. If the requestor provided evidence of Tennessee citizenship, if required, pursuant to Rule 1735-01-01-.04;

2. If the records requested are described with sufficient specificity to identify them;

3. If TDVS is the custodian of the requested records and, if so, the name of the respective records custodian; and 4. If the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal or state law.

(b) The PRRC shall acknowledge receipt of the request to the requestor and take any of the following appropriate actions in accordance with T.C.A. § 10-7-503:

1. Advise the requestor of these rules and regulations regarding:

(i) Proof of Tennessee citizenship pursuant to Rule 1735-01-01-.04;

(ii) Any forms required for copies;

(iii) Fees, labor threshold, and waivers, if applicable; and (iv) Aggregation of multiple or frequent requests.

2. If appropriate, deny the request in writing and provide the appropriate ground for the denial, which may include but is not limited to any of the following:

(i) The requestor is not, or has not presented evidence of being, a Tennessee citizen or the next of kin to a deceased Tennessee State Veteran interred in a Tennessee Veterans Cemetery, pursuant to Rule 1735-01-01-.04.

(ii) The request lacks specificity.

(iii) An exemption makes the record not subject to disclosure under the TPRA.

A written detail of the exemption and an explanation of the denial shall be provided to the requestor.

(iv) TDVS is not the custodian of the requested records.

(v) The records do not exist.

(vi) Any other legal grounds for denial.

September, 2025 4 3. If appropriate, contact the requestor to see if the request can be narrowed.

4. Forward the request to the appropriate records custodian in TDVS.

5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity, if known.

(c) The PRRC is designated by the Commissioner of the Department. The PRRC may be contacted at:

Tennessee Department of Veterans Services William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 13th Floor Nashville, TN 37243 Phone: 615-741-2345 TDVS.PublicRecords@tn.gov (d) The PRRC shall report to the governing authority on an annual basis about TDVS’ compliance with the TPRA pursuant to this chapter, and shall make recommendations, if any, for improvement or changes to this chapter.

(2) Records Custodian.

(a) Upon receiving a public records request, the records custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain that an applicable exemption applies or whether the records requested, or any of their contents, are protected by privacy laws or are in any way confidential or privileged under federal or state law, the custodian will consult with the PRRC.

(b) If it is not practicable to promptly provide requested records and the records custodian needs additional time, to search for, retrieve, or otherwise gain access to the records; to determine whether the records are open; to redact records; or for other similar reasons to comply with the records request, then a records custodian or PRRC shall, within seven business days from the records custodian’s receipt of the request, send the requestor a completed Public Records Request Response Form.

(c) If a records custodian denies a public record request, the records custodian shall do so in coordination with the PRRC and shall deny the request in writing as provided in part (1)(b)2. of this rule using the Public Records Request Response Form.

(d) If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the records custodian shall use the Public Records Request Response Form to notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(e) If a records custodian discovers records responsive to a records request were omitted, the records custodian should contact the requestor concerning the omission and produce the records as quickly as practicable.

(3) Redaction.

September, 2025 5 (a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access.

(b) If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The records custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.

(c) Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.06 INSPECTION OF RECORDS

(1) There shall be no charge for inspection of open public records.

(2) The location for inspection of records within the offices of the Tennessee Department of Veterans Services should be determined by the PRRC.

(3) Under reasonable circumstances, the PRRC or a records custodian may require an appointment for inspection or may require inspection of records at an alternate location.

(4) TDVS, or its contractors or agents, shall maintain custody of its records at all times. A requestor shall not be allowed to take custody of any TDVS record.

(5) A requestor may use a personal camera or cell phone to take a photograph of a public record, so long as the integrity of the record is maintained. If a record contains confidential information or information that is not open for public inspection, the record may not be photographed until all appropriate redactions are completed.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025.

Tenn. Comp. R. & Regs. 1735-01-01-.07 COPIES OF RECORDS

(1) The PRRC shall promptly respond to a public records request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at 312 Rosa L. Parks Ave. 13th Floor Nashville, TN 37243, unless otherwise informed by the PRRC.

(3) Upon payment for postage or delivery charges, copies will be delivered to the address provided by the requestor.

(4) If the requestor requests digital copies, digital copies will be delivered via email to an email address designated by the requestor.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025. September, 2025 6

Tenn. Comp. R. & Regs. 1735-01-01-.08 FEES AND CHARGES

(1) Excessive fees and charges for copies of public records shall not be used to hinder access to public records. Unless otherwise required by statute, no charges will be assessed for copies and duplicates unless total cost of both copying and labor is more than $50.

(2) Records custodians in collaboration with the PRRC shall provide requestors with an itemized estimate of the charges prior to producing copies of records and shall require pre-payment of such charges before producing requested records.

(3) When fees for copies and labor do not exceed $50, the fees will be waived. Requests for waivers for fees above $50 must be presented to the PRRC, who is authorized to determine if such waiver is in the best interest of TDVS and for the public good. Fees associated with aggregated records requests will not be waived. Fees set by statute cannot be waived.

(4) Fees and charges for copies are as follows:

(a) $0.15 per page for letter and legal-size black and white copies.

(b) $0.50 per page for letter and legal-size color copies.

(c) Labor when time exceeds one hour.

(d) If an outside vendor is used, the actual cost assessed by the vendor.

(5) Fees for labor and actual costs will be assessed in accordance with the OORC’s Schedule of Reasonable Charges.

(6) No duplication cost will be charged for requests for less than 10 pages.

(7) Payment is to be made by check payable to the Tennessee Department of Veterans Services and presented to the records custodian via mail or hand delivery at William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 13th Floor, Nashville, TN 37243, unless otherwise informed by the PRRC.

(8) Payment in advance is always required.

(9) Aggregation of Frequent and Multiple Requests.

(a) TDVS will aggregate records requests in accordance with the “Reasonable Charges for Frequent and Multiple Requests” Policy promulgated by the OORC when more than four requests are received within a calendar month either from a single individual or a group of individuals deemed to be working in concert.

(b) Records requests will be aggregated at the Department level.

(c) The PRRC is responsible for making the determination that a group of individuals are working in concert. As soon as practicable after such a determination is made, the PRRC shall inform the individuals in writing that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025. September, 2025 7

Tenn. Comp. R. & Regs. 1735-01-01-.09 PUBLIC RECORDS REQUEST FORM

Public Records Request Form The Tennessee Public Records Act (TPRA) grants Tennessee citizens the right to access open public records that exist at the time of the request. The TPRA does not require records custodians to compile information or create or recreate records that do not exist.

To: [Insert Governmental Entity Name and Name and Contact Information for the Public Records Request Coordinator]

From: [Insert Requestor’s Name and Contact Information (include an address for any TPRA required written response)]

Is the requestor a Tennessee citizen? Yes No Is the requestor the next of kin of an individual buried at a Tennessee State Veterans Cemetery? Yes No Request: Inspection (The TPRA does not permit fees or require a written request for inspection only.)

Copy/Duplicate If costs for copies are assessed, the requestor has a right to receive an estimate.

Do you wish to waive your right to an estimate and agree to pay copying and duplication costs in an amount not to exceed $ ________________? If so, initial here _____________.

Delivery preference: On-Site Pick-Up USPS First-Class Mail Electronic Other: __________ Records Requested:

Provide a detailed description of the record(s) requested, including: (1) type of record; (2) timeframe or dates for the records sought; and (3) subject matter or key words related to the records. Under the TPRA, record requests must be sufficiently detailed to enable a governmental entity to identify the specific records sought. As such, your record request must provide enough detail to enable the records custodian responding to the request to identify the specific records you are seeking. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ __________________________________ __________________________________________ Signature of Requestor and Date Submitted Signature of Public Records Coordinator and Date Received

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025. September, 2025 8

Tenn. Comp. R. & Regs. 1735-01-01-.10 PUBLIC RECORDS REQUEST RESPONSE FORM

PUBLIC RECORDS REQUEST RESPONSE FORM

Tennessee Department of Veterans Services [Date] [Requestor’s Name and Contact Information]:

In response to your records request received on [Date Request Received], our office is taking the action(s) indicated below:

The public record(s) responsive to your request will be made available for inspection:

Location: _________________________________________________________ Date and Time: ____________________________________________________ Copies of public record(s) responsive to your request are:

Attached;

Available for pickup at the following location: _______________________________________________________________; or Being delivered via: USPS First-Class Mail Electronically Other: __________ Your request is denied on the following grounds:

Your request was not sufficiently detailed to enable identification of the specific requested record(s).

You need to provide additional information to identify the requested record(s).

No such record(s) exists or this office does not maintain record(s) responsive to your request.

You have not paid the estimated copying/production fees.

The following state, federal, or other applicable law prohibits disclosure of the requested records: ______________________________________________________________.

It is not practicable for the records you requested to be made promptly available for inspection and/or copying because:

It has not yet been determined that records responsive to your request exist; or This office is still in the process of retrieving, reviewing, and/or redacting the requested records.

The time reasonably necessary to produce the record(s) or information and/or to make determination of a proper response to your request is: _________________________________________.

If you have any additional questions regarding your request, please contact [Records Custodian or Public Records Request Coordinator].

Sincerely, [Records Custodian or Public Records Request Coordinator] [Name, Title, and Contact Information]

History

• Authority: T.C.A. §§ 4-4-103; 4-5-201, et seq.;10-7-503; and 46-6-106.
• Administrative History: New rules filed June 25, 2025; effective September 23, 2025. If all requested records do not have the same response, so indicate.