TENNESSEE PUBLIC RECORDS ACT REQUEST

(Comprehensive Template - Tennessee Public Records Act, T.C.A. § 10-7-503 et seq.)

TABLE OF CONTENTS

1. Overview of Tennessee's Open Records Law
2. Public Records Request Letter
3. Records Description Guidance
4. Fee Provisions
5. Response Timeline
6. Exemptions Overview
7. Appeal Procedures
8. Appeal Letter Template
9. Enforcement Mechanisms
10. Follow-Up Letter Template
11. Fee Waiver Request Template
12. Documentation Checklist
13. Key Differences from Federal FOIA
14. State-Specific Notes
15. Sources and References

1. OVERVIEW OF TENNESSEE'S OPEN RECORDS LAW

1.1 The Tennessee Public Records Act

The Tennessee Public Records Act ("TPRA"), codified at Tennessee Code Annotated ("T.C.A.") § 10-7-503 et seq., establishes the right of Tennessee citizens to inspect and copy public records maintained by state and local governmental entities. Tennessee refers to its public records law as the "open records" law. The foundational principle is that all state, county, and municipal records shall be open for personal inspection by any citizen of Tennessee during normal business hours.

1.2 Who May Request Records

Under T.C.A. § 10-7-503(a)(2)(A), the right to inspect and copy public records is limited to citizens of Tennessee. However, governmental entities may voluntarily make records available to non-citizens at their discretion. A governmental entity may require the requester to present a government-issued photo identification that includes an address to verify Tennessee citizenship.

1.3 What Constitutes a "Public Record"

Tennessee defines "public record" broadly under T.C.A. § 10-7-301(6) to include all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

1.4 Which Entities Are Subject to the Act

The TPRA applies to all state, county, and municipal governmental entities, including:
- State executive agencies and departments
- Counties and municipalities
- School boards and educational institutions
- Law enforcement agencies
- Special districts and authorities
- Any entity created by or pursuant to state or local law

1.5 Office of Open Records Counsel

Tennessee established the Office of Open Records Counsel ("OORC") within the Office of the Comptroller of the Treasury pursuant to T.C.A. § 10-7-503(g). The OORC provides guidance, education, and assistance regarding public records and open meetings to both governmental entities and citizens. The OORC also promulgates the Schedule of Reasonable Charges for copying public records.

2. PUBLIC RECORDS REQUEST LETTER

Tennessee Public Records Act Request

Date: [__/__/____]

TO:
[________________________________]
(Name of Records Custodian)

[________________________________]
(Title)

[________________________________]
(Governmental Entity / Agency Name)

[________________________________]
(Street Address)

[________________________________]
(City, Tennessee ZIP Code)

Email: [________________________________]
Telephone: [________________________________]

FROM:
[________________________________]
(Requester Full Legal Name)

[________________________________]
(Street Address)

[________________________________]
(City, State ZIP Code)

Telephone: [________________________________]
Email: [________________________________]

Re: Public Records Request Pursuant to T.C.A. § 10-7-503

Dear Records Custodian:

Pursuant to the Tennessee Public Records Act, T.C.A. § 10-7-503 et seq., I hereby request access to inspect and/or obtain copies of the following public records maintained by [________________________________] (agency name):

Records Requested:

1. [________________________________]
   (Provide detailed description of first category of records, including date ranges, subject matter, names of individuals, departments, file types, and any other identifying information)

2. [________________________________]
   (Provide detailed description of second category of records)

3. [________________________________]
   (Provide detailed description of third category of records)

4. [________________________________]
   (Provide detailed description of additional records as needed)

Date Range:

This request covers all responsive records dated or created from [__/__/____] through [__/__/____].

Confirmation of Tennessee Citizenship:

I am a citizen of Tennessee as required by T.C.A. § 10-7-503(a)(2)(A). I am prepared to provide government-issued photo identification with my Tennessee address upon request.

Preferred Format:

I request that responsive records be provided in the following format (select one or more):

☐ Paper copies (standard 8.5" x 11")
☐ Electronic copies via email to: [________________________________]
☐ Electronic copies on CD/DVD/USB drive
☐ Inspection of original records at your office
☐ Other format: [________________________________]

Fee Acknowledgment:

I understand that reasonable charges may apply for copies of public records pursuant to the Schedule of Reasonable Charges promulgated by the Office of Open Records Counsel. I agree to pay authorized copying and labor charges up to $[____]. If the estimated cost exceeds this amount, please contact me before proceeding so that I may narrow the scope of my request or authorize additional charges.

Response Deadline:

Pursuant to T.C.A. § 10-7-503(a)(2)(B), I respectfully request that you respond to this request within seven (7) business days by: (1) producing the requested records; (2) denying the request in writing with the basis for denial; or (3) providing a written communication with the time reasonably necessary to produce the records or to determine whether the records exist.

Segregability:

If any portion of the requested records is claimed to be exempt from disclosure, I request that you redact only the exempt portions and provide the remaining non-exempt, segregable portions of the records, in accordance with T.C.A. § 10-7-503(a)(2)(B).

Record Preservation:

I respectfully request that you take all reasonable steps to preserve all records responsive to this request, including issuing any necessary litigation hold notices to prevent the destruction, alteration, or removal of responsive records.

Please contact me at the telephone number or email address listed above if you have any questions about this request or need clarification regarding the scope of the records sought.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

3. RECORDS DESCRIPTION GUIDANCE

3.1 Principles for Describing Records

Under the TPRA, requests must be sufficiently detailed to enable the records custodian to identify the specific records sought. The following principles apply:

• Be specific - Identify records by type, date range, subject matter, and involved parties
• Use known terminology - Reference specific forms, report names, or file types used by the agency
• Provide context - Explain the subject matter to help the custodian identify relevant files
• Include date ranges - Narrow the timeframe to reduce search burden and fees

3.2 Sample Records Descriptions

Government Contracts and Expenditures:
"All contracts, purchase orders, invoices, and payment records between [Agency Name] and [Vendor Name] for the period of [Start Date] through [End Date], including any amendments, addenda, or change orders."

Personnel Actions:
"All non-confidential personnel records related to the hiring, promotion, demotion, transfer, or termination of [Employee Name or Position Title] within [Department Name] for the period of [Start Date] through [End Date], excluding medical records and other information deemed confidential under T.C.A. § 10-7-504."

Meeting Records:
"All agendas, minutes, audio or video recordings, and supporting materials for meetings of [Board/Commission/Committee Name] held between [Start Date] and [End Date]."

Law Enforcement Records:
"All incident reports, arrest reports, and booking records related to incident number [Number] or occurring at [Location] on or about [Date], excluding any information made confidential by T.C.A. § 10-7-504."

Financial Records:
"The annual operating budget, revenue and expenditure reports, and audited financial statements for [Department/Agency Name] for fiscal year(s) [Year(s)]."

Inspection and Compliance Records:
"All inspection reports, citations, notices of violation, and compliance orders issued to [Entity Name] by [Agency Name] during the period of [Start Date] through [End Date]."

Communications:
"All emails, letters, memoranda, and text messages sent or received by [Official Name/Title] regarding [Subject Matter] during the period of [Start Date] through [End Date]."

4. FEE PROVISIONS

4.1 Schedule of Reasonable Charges

The Office of Open Records Counsel has promulgated a Schedule of Reasonable Charges pursuant to T.C.A. § 10-7-503(a)(7)(C). Key fee provisions include:

4.2 Key Fee Rules

• Inspection is free: Under T.C.A. § 10-7-503(a)(1), no charge may be assessed for the inspection of public records unless otherwise required by law.
• First hour of labor is free: The Schedule generally provides that the first hour of employee labor to locate, retrieve, and copy records is provided without charge.
• Labor charges: After the first free hour, the entity may charge the hourly wage of the employee(s) reasonably necessary to produce the requested records.
• Presumption of reasonableness: Charges imposed in accordance with the Schedule are presumed reasonable under T.C.A. § 10-7-503(a)(7)(D).
• No profit: Charges must be limited to actual costs; entities may not use record charges as a revenue-generating mechanism.

4.3 Advance Payment and Deposits

• A governmental entity may require advance payment or a deposit before processing a request if the estimated cost exceeds a reasonable threshold
• The entity must provide an itemized written estimate of anticipated charges
• The requester may narrow the scope of the request to reduce costs

4.4 Challenging Unreasonable Fees

Under the TPRA, the imposition of unreasonable or unfounded costs can constitute a constructive denial of access. A requester may:
- Contact the Office of Open Records Counsel for guidance on fee disputes
- File a petition for access in circuit or chancery court under T.C.A. § 10-7-505 if fees are excessive
- Request the court to review the reasonableness of assessed charges

5. RESPONSE TIMELINE

5.1 Initial Response Deadline

Under T.C.A. § 10-7-503(a)(2)(B), a records custodian must respond within seven (7) business days of receiving a public records request by taking one of the following actions:

1. Produce the records - Make the requested records available for inspection or provide copies
2. Deny the request in writing - Provide a written denial that includes the statutory or other legal basis for the denial
3. Provide a time estimate - Communicate in writing the time reasonably necessary to produce the records or to determine whether the records exist

5.2 Promptness Requirement

The statute requires that records be made available "promptly." The seven-business-day period is the outside limit; records custodians are expected to respond as quickly as practicable.

5.3 Extensions

If the records custodian cannot produce records within seven business days, the written communication must include:
- A statement of the time reasonably necessary to produce the records
- An explanation of why the records cannot be produced within the initial period
- A description of steps being taken to fulfill the request

5.4 Constructive Denial

A failure to respond within seven business days, or the imposition of unreasonable conditions or charges, may constitute a constructive denial of the request, entitling the requester to pursue judicial remedies under T.C.A. § 10-7-505.

5.5 Voluminous or Complex Requests

For requests involving large volumes of records or complex searches, the records custodian may:
- Negotiate a reasonable timeline with the requester
- Propose a rolling production schedule
- Request that the requester prioritize or narrow the request

6. EXEMPTIONS OVERVIEW

6.1 General Principle

All records maintained by governmental entities are presumed to be public and subject to disclosure. Exemptions are narrowly construed, and the burden is on the governmental entity to justify withholding records.

6.2 Confidential Records Under T.C.A. § 10-7-504

T.C.A. § 10-7-504 sets forth the primary exemptions from public disclosure. The following categories of records are deemed confidential:

6.2.1 Medical and Health Records
- Medical records of patients in state institutions (T.C.A. § 10-7-504(a)(1))
- Records related to mental health intervention and critical incident counseling for law enforcement, firefighters, EMTs, and corrections officers (T.C.A. § 10-7-504(a)(20))

6.2.2 Law Enforcement Records
- Investigative files of the Tennessee Bureau of Investigation ("TBI") (T.C.A. § 10-7-504(a)(2))
- Criminal investigative files while investigations are pending or prosecution is ongoing
- Identifying information about confidential informants and undercover officers
- Internal affairs investigation records of the Department of Correction (T.C.A. § 10-7-504(a)(6))

6.2.3 Education Records
- Records of students in public educational institutions (T.C.A. § 10-7-504(a)(4)), consistent with FERPA

6.2.4 Military and Militia Records
- Federal military records and records of the state militia (T.C.A. § 10-7-504(a)(3))

6.2.5 Legal Records
- Records of the state Attorney General relating to pending or contemplated litigation (T.C.A. § 10-7-504(a)(5))
- Attorney-client privileged communications
- Attorney work product

6.2.6 Motor Vehicle Records
- Personal information contained in motor vehicle records, governed by Title 55, Chapter 25 (T.C.A. § 10-7-504(a)(17))

6.2.7 Agriculture and Environmental Investigation Records
- Records of the Departments of Agriculture and Environment and Conservation, and the Tennessee Alcoholic Beverage Commission, that remain confidential until the investigation is closed or criminal proceedings conclude with all direct appeals exhausted (T.C.A. § 10-7-504(a)(7))

6.2.8 Tax Records
- Individual taxpayer information held by the Department of Revenue (T.C.A. § 10-7-504(a)(8))

6.2.9 Security and Infrastructure Records
- Security plans, vulnerability assessments, and similar records related to critical infrastructure protection
- Emergency response plans and protocols

6.2.10 Personnel Records
- Certain personnel records deemed confidential by specific statutes
- Home addresses, telephone numbers, and social security numbers of government employees in certain categories (T.C.A. § 10-7-504(a)(21))
- Personal contact information of law enforcement officers, judges, and prosecutors

6.2.11 Trade Secrets and Proprietary Information
- Trade secrets and confidential commercial information submitted to governmental entities
- Proprietary information in proposals and bids (until contract is awarded)

6.2.12 Other Statutory Exemptions
- Records made confidential by other provisions of state or federal law
- Adoption records
- Juvenile court records
- Sealed court records
- Grand jury records

6.3 Segregability Requirement

When a record contains both exempt and non-exempt information, the records custodian must redact only the exempt portions and disclose the remainder. The entity may not withhold an entire record solely because it contains some exempt information.

7. APPEAL PROCEDURES

7.1 Overview of Remedies

Tennessee provides two primary avenues for challenging a denial of a public records request:

1. Informal assistance from the Office of Open Records Counsel
2. Judicial review through a petition for access in circuit or chancery court

Note: Tennessee does not have a formal administrative appeal process comparable to some other states. The primary remedy is judicial action.

7.2 Office of Open Records Counsel (OORC)

Before filing suit, a requester may contact the OORC for informal assistance:
- The OORC can mediate disputes between requesters and governmental entities
- The OORC can provide guidance on whether records are subject to disclosure
- The OORC can issue informal opinions and recommendations
- Contact information: Office of Open Records Counsel, Comptroller of the Treasury, State of Tennessee
- The OORC's opinions are advisory and not legally binding

7.3 Judicial Review - Petition for Access

Under T.C.A. § 10-7-505, a citizen denied access to public records may file a petition in the circuit or chancery court of the county in which the governmental entity is located.

Filing Requirements:
- The petition must identify the records sought and the basis for the claim of access
- The petition should describe the denial or failure to respond
- Filing fees and court costs apply as in other civil actions

Court Review:
- The court conducts de novo review of the agency's decision
- The court may examine the records in camera (privately) to determine if exemptions apply
- The burden of proof is on the governmental entity to justify withholding the records

Timeline:
- No specific statutory deadline for filing a petition, but promptness is advisable
- The court may expedite proceedings in appropriate cases
- T.C.A. § 10-7-505(b) allows the court to hear the matter on an expedited basis

7.4 Attorney's Fees and Costs

Under T.C.A. § 10-7-505(g), the court may award reasonable attorney's fees to a prevailing requester if the court finds that the governmental entity did not act in good faith in denying access to the records.

7.5 Burden of Proof

The governmental entity bears the burden of demonstrating that the records are exempt from disclosure under the Act. The records custodian must identify specific statutory exemptions and provide sufficient justification for withholding the records.

8. APPEAL LETTER TEMPLATE

Appeal/Pre-Litigation Demand Letter - Tennessee Public Records Act

Date: [__/__/____]

VIA [________________________________] (Certified Mail / Email / Hand Delivery)

[________________________________]
(Name of Records Custodian or Agency Head)

[________________________________]
(Title)

[________________________________]
(Governmental Entity / Agency Name)

[________________________________]
(Street Address)

[________________________________]
(City, Tennessee ZIP Code)

Re: Appeal of Denial / Failure to Respond to Public Records Request Dated [__/__/____]

Dear [________________________________]:

On [__/__/____], I submitted a public records request to [________________________________] (agency name) pursuant to the Tennessee Public Records Act, T.C.A. § 10-7-503 et seq., seeking access to the following records:

[________________________________]
(Brief description of records originally requested)

On [__/__/____], [________________________________] (agency name) responded by [select one]:

☐ Denying the request on the following grounds: [________________________________]
☐ Failing to respond within the seven (7) business-day period required by T.C.A. § 10-7-503(a)(2)(B)
☐ Imposing unreasonable conditions or fees totaling $[____]
☐ Providing only partial production while withholding records without adequate justification
☐ Other: [________________________________]

Basis for Appeal

I respectfully submit that the denial or failure to respond is improper for the following reasons:

1. [________________________________]
   (Explain why the cited exemption does not apply or why the denial is improper)

2. [________________________________]
   (Provide additional legal arguments, citing specific statutory provisions)

3. [________________________________]
   (Address any factual inaccuracies in the agency's response)

Request for Reconsideration

I hereby request that [________________________________] (agency name) reconsider its position and provide the requested records within [____] business days of this letter.

Notice of Intent to Seek Judicial Relief

Please be advised that if the requested records are not provided within the time specified above, I intend to file a petition for access pursuant to T.C.A. § 10-7-505 in the appropriate circuit or chancery court. In such an action, I will seek:

1. An order compelling disclosure of the requested records;
2. An award of reasonable attorney's fees and costs pursuant to T.C.A. § 10-7-505(g); and
3. Such other and further relief as the court deems appropriate.

I also intend to notify the Office of Open Records Counsel of this dispute.

I remain willing to discuss a resolution of this matter without the need for litigation. Please contact me at the address, telephone number, or email address listed above at your earliest convenience.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

cc: Office of Open Records Counsel, Comptroller of the Treasury

9. ENFORCEMENT MECHANISMS

9.1 Judicial Enforcement

The primary enforcement mechanism under the TPRA is judicial action under T.C.A. § 10-7-505:

• Petition for access: Any citizen denied access may petition the circuit or chancery court
• De novo review: The court reviews the matter fresh, without deference to the agency's decision
• In camera inspection: The court may privately examine records to determine if exemptions apply
• Injunctive relief: The court may order the agency to disclose the records
• Expedited review: The court may hear matters on an expedited basis

9.2 Attorney's Fees and Costs

Under T.C.A. § 10-7-505(g):
- The court may award reasonable attorney's fees to the prevailing requester
- Attorney's fees are available when the court finds the governmental entity did not act in good faith
- The court may also award litigation costs

9.3 Criminal Penalties for Improper Disclosure

Under T.C.A. § 10-7-504(a)(21):
- Releasing confidential information about law enforcement officers or county corrections officers with criminal negligence is a Class B misdemeanor punishable by a fine of $500
- Knowingly and intentionally releasing such confidential information is a Class A misdemeanor

9.4 Willful Destruction of Records

Under T.C.A. § 10-7-404, the willful destruction or concealment of public records is a criminal offense:
- It is unlawful to destroy, mutilate, or otherwise dispose of public records except in accordance with approved records retention schedules
- Violations may result in criminal prosecution

9.5 Office of Open Records Counsel (OORC) Role

While the OORC does not have formal enforcement authority, it can:
- Issue advisory opinions
- Mediate disputes
- Provide education and training to governmental entities
- Report persistent non-compliance to the Comptroller and the General Assembly

9.6 Disruptive Requests

Under T.C.A. § 10-7-503(a)(9), a governmental entity may seek an injunction against a requester whose requests are so numerous or broad as to constitute a disruption to normal operations. The entity must petition the court and demonstrate that the requests are disruptive.

10. FOLLOW-UP LETTER TEMPLATE

Follow-Up Letter - Tennessee Public Records Request

Date: [__/__/____]

[________________________________]
(Name of Records Custodian)

[________________________________]
(Title)

[________________________________]
(Governmental Entity / Agency Name)

[________________________________]
(Street Address)

[________________________________]
(City, Tennessee ZIP Code)

Re: Follow-Up to Public Records Request Dated [__/__/____]

Dear [________________________________]:

On [__/__/____], I submitted a public records request to [________________________________] (agency name) pursuant to the Tennessee Public Records Act, T.C.A. § 10-7-503 et seq. As of the date of this letter, I have [select one]:

☐ Not received any response within the seven (7) business-day period required by T.C.A. § 10-7-503(a)(2)(B)
☐ Received an acknowledgment on [__/__/____] stating that records would be provided by [__/__/____], but have not yet received the records
☐ Received a partial production on [__/__/____] but am still awaiting additional responsive records
☐ Received a cost estimate of $[____] on [__/__/____] and authorized payment on [__/__/____], but have not yet received the records
☐ Other: [________________________________]

I am writing to inquire about the status of my request and to respectfully ask that responsive records be provided at your earliest opportunity. I understand that certain requests may require additional time to process, and I am willing to work with you to facilitate a timely response.

If you require clarification of any aspect of my request, or if you wish to discuss a modified scope or rolling production schedule, please contact me at:

Telephone: [________________________________]
Email: [________________________________]

Please be advised that the Tennessee Public Records Act requires records custodians to respond promptly to records requests, and that a failure to respond may constitute a constructive denial entitling me to seek judicial remedies under T.C.A. § 10-7-505.

Thank you for your attention to this matter.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE

Fee Waiver / Fee Reduction Request - Tennessee Public Records Act

Date: [__/__/____]

[________________________________]
(Name of Records Custodian)

[________________________________]
(Title)

[________________________________]
(Governmental Entity / Agency Name)

[________________________________]
(Street Address)

[________________________________]
(City, Tennessee ZIP Code)

Re: Request for Fee Waiver or Reduction - Public Records Request Dated [__/__/____]

Dear [________________________________]:

In connection with my public records request dated [__/__/____], I respectfully request a waiver or reduction of fees for the following reasons:

Basis for Fee Waiver or Reduction (select all that apply):

☐ Public Interest / Benefit: Disclosure of the requested records is in the public interest because it will contribute significantly to public understanding of the operations or activities of [________________________________] (agency name). The information sought is [________________________________] (explain the public interest).

☐ Non-Commercial Purpose: I am not seeking the records for commercial purposes. The records will be used for [________________________________] (explain non-commercial purpose, such as research, journalism, civic engagement, government oversight, etc.).

☐ Indigency / Financial Hardship: I am unable to pay the estimated fees of $[____] due to financial hardship. I respectfully request that fees be waived or reduced to allow me to exercise my right to access public records.

☐ News Media / Journalistic Purpose: I am a member of the news media and am requesting these records for the purpose of gathering and disseminating news to the public. I am affiliated with [________________________________] (news organization).

☐ Academic or Research Purpose: I am a researcher or student affiliated with [________________________________] (institution) and am requesting these records for academic research purposes.

☐ Government Oversight / Accountability: The records sought will be used to promote government accountability and transparency regarding [________________________________] (describe the issue).

☐ Other Basis: [________________________________]

Supporting Information:

[________________________________]
(Provide additional details supporting the fee waiver request, including any documentation of public interest, non-commercial use, financial hardship, or media affiliation)

I understand that the Tennessee Public Records Act does not explicitly require fee waivers. However, the Schedule of Reasonable Charges and the principles of open government support the exercise of discretion in reducing or waiving fees where disclosure serves the public interest. I respectfully request that the agency exercise its discretion in this matter.

If the agency cannot grant a full fee waiver, I request a reduction in fees or a payment plan that would allow me to access the requested records.

Thank you for your consideration.

Respectfully submitted,

[________________________________]
(Signature)

[________________________________]
(Printed Name)

Date: [__/__/____]

12. DOCUMENTATION CHECKLIST

12.1 Before Submitting a Request

☐ Identified the correct governmental entity and records custodian
☐ Verified the agency's public records policy and preferred submission method
☐ Confirmed Tennessee citizenship (required under T.C.A. § 10-7-503(a)(2)(A))
☐ Prepared government-issued photo identification with Tennessee address
☐ Drafted a detailed description of records sought with specific date ranges
☐ Specified preferred format of production (paper, electronic, or inspection)
☐ Set a maximum fee authorization amount
☐ Retained a copy of the request for personal records
☐ Noted the date of submission and calculated the seven-business-day deadline

12.2 After Submitting a Request

☐ Confirmed receipt of request by the governmental entity
☐ Recorded the date of submission: [__/__/____]
☐ Calculated the seven-business-day response deadline: [__/__/____]
☐ Monitored for acknowledgment or response within seven business days
☐ Reviewed any cost estimate provided and authorized payment if acceptable
☐ Verified that the production is complete and includes all responsive records
☐ Checked for proper redactions (not excessive withholding)
☐ Reviewed any claimed exemptions for legal validity

12.3 If Records Are Denied or Incomplete

☐ Reviewed the written denial for specific statutory basis
☐ Evaluated whether the cited exemption actually applies
☐ Determined whether segregable non-exempt portions were provided
☐ Contacted the Office of Open Records Counsel for guidance
☐ Sent a follow-up letter requesting reconsideration (see Section 10)
☐ Sent an appeal/pre-litigation demand letter (see Section 8)
☐ Consulted with an attorney regarding judicial remedies
☐ Filed a petition for access under T.C.A. § 10-7-505 if necessary
☐ Documented all communications and responses for court records

12.4 Fee-Related Documentation

☐ Received itemized cost estimate before incurring charges
☐ Verified that charges comply with the Schedule of Reasonable Charges
☐ Confirmed that no charge was assessed for inspection of records
☐ Confirmed that the first hour of labor was provided without charge
☐ Verified that per-page charges do not exceed scheduled rates
☐ Retained copies of all invoices and payment records
☐ Submitted fee waiver request if applicable (see Section 11)

13. KEY DIFFERENCES FROM FEDERAL FOIA

14. STATE-SPECIFIC NOTES

14.1 Tennessee Citizenship Requirement

The TPRA's limitation to Tennessee citizens is one of the most distinctive features of the law. Unlike many states and the federal FOIA, non-residents do not have a statutory right to Tennessee public records. This has been upheld by Tennessee courts, though governmental entities retain discretion to provide records to non-citizens.

14.2 No Formal Administrative Appeal

Tennessee lacks a formal administrative appeal process. There is no requirement to exhaust administrative remedies before filing suit. A citizen denied access may proceed directly to court under T.C.A. § 10-7-505. However, contacting the OORC first is recommended as an informal resolution mechanism.

14.3 Office of Open Records Counsel

The OORC is a unique Tennessee institution that provides free guidance to both requesters and governmental entities. The OORC can:
- Answer questions about the TPRA
- Provide informal mediation of disputes
- Issue guidance documents and advisory opinions
- Conduct training for records custodians

Contact: Office of Open Records Counsel, Comptroller of the Treasury, Nashville, Tennessee
Website: https://comptroller.tn.gov/office-functions/open-records-counsel.html

14.4 Disruptive Request Provision

Tennessee is one of the few states that allows governmental entities to seek injunctive relief against "disruptive" requesters under T.C.A. § 10-7-503(a)(9). The entity must petition the court and demonstrate that the volume or frequency of requests substantially disrupts normal operations.

14.5 Written Public Records Policy Requirement

T.C.A. § 10-7-503(a)(6) requires county and municipal governmental entities to establish a written public records policy. This policy must include:
- Procedures for requesting records
- Applicable fees and charges
- Contact information for the records custodian
- Procedures for appeal

14.6 Electronic Records

Tennessee law treats electronic records the same as physical records for purposes of public access. Governmental entities must produce electronic records in the format requested if the records exist in that format or can be converted without unreasonable effort.

14.7 Common Pitfalls for Requesters

• Failing to establish Tennessee citizenship
• Submitting overly broad requests that trigger disruptive request provisions
• Not specifying a fee cap, leading to unexpectedly large charges
• Not retaining copies of the request and all correspondence
• Waiting too long to pursue judicial remedies after a denial

15. SOURCES AND REFERENCES

Primary Statutory Authority

• T.C.A. § 10-7-503: Records open to public inspection; establishment of written public records policy
  https://law.justia.com/codes/tennessee/title-10/chapter-7/part-5/section-10-7-503/

• T.C.A. § 10-7-504: Confidential records; exceptions
  https://law.justia.com/codes/tennessee/title-10/chapter-7/part-5/section-10-7-504/

• T.C.A. § 10-7-505: Petition for access to records; judicial review

• T.C.A. § 10-7-506: Fees for providing copies

• T.C.A. § 10-7-301: Definitions

• T.C.A. § 10-7-404: Destruction of public records

Agency Resources

• Office of Open Records Counsel: https://comptroller.tn.gov/office-functions/open-records-counsel.html

• Schedule of Reasonable Charges: https://www.comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf

• Model Public Records Policy: https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/MODELPUBLICRECORDSPOLICY-1-20-17.pdf

• MTAS (Municipal Technical Advisory Service): https://www.mtas.tennessee.edu/reference/tennessee-public-records-act

Additional Resources

• Tennessee Public Records Act FAQs (Comptroller's Office): https://comptroller.tn.gov/office-functions/open-records-counsel/open-meetings/frequently-asked-questions/tennessee-public-records-act-faqs.html

• Reporters Committee for Freedom of the Press - Tennessee Open Government Guide: https://www.rcfp.org/open-government-guide/tennessee/

• Tennessee Coalition for Open Government: https://tcog.info/

• CTAS (County Technical Assistance Service) - Public Records Act: https://www.ctas.tennessee.edu/eli/public-records-act

This template is provided for informational purposes only and does not constitute legal advice. The Tennessee Public Records Act and related statutes are subject to legislative amendment and judicial interpretation. Users should consult with a qualified Tennessee attorney before relying on this template for any legal purpose. This template was last updated on 2026-02-24.