Rules & Regulations of the State of Tennessee Title 1210 - Public Records Commissions
Title 1210 of the Rules & Regulations of the State of Tennessee governs the Public Records Commission and the management of state records. This title is crucial for ensuring the proper handling, retention, and disposition of public records across state government agencies.
Key Concepts and Responsibilities under Title 1210:
The core function of Title 1210 is to provide a framework for the Public Records Commission (PRC) to oversee and regulate the management of state records. Here's a breakdown of the key areas:
Authority, Purpose, and Applicability (Chapter 1210-01-.01):
Authority: The PRC has the authority to determine the proper disposition of state records and to direct the Department of State (through its Records Management Division) to take actions to ensure efficient control and regulation of records.
Purpose: To assist state agencies in maintaining and disposing of their records to ensure their authenticity, integrity, reliability, and accessibility. Records must be accurate, complete, unaltered, and retrievable.
Applicability: These rules apply to all agencies within the executive, legislative, and judicial branches of state government, covering all records regardless of type, format, or storage media.
Definitions (Chapter 1210-01-.02): This section provides crucial definitions for terms used throughout the regulations, such as:
Agency: Any department, division, board, bureau, commission, or other separate unit of government.
Confidential Public Record: A public record designated confidential by law, with restricted public access.
Public Records Commission (Commission): The governing body.
Records Disposition Authorization (RDA): The official document used by an agency to request authority for the disposition (retention, destruction, or transfer) of records. The Commission approves RDAs.
Records Officer: An individual designated by each agency to manage their records.
Responsibilities of the State Agency (Chapter 1210-01-.03): Agencies have specific duties, including:
Ensuring records properly document the organization, functions, policies, decisions, procedures, and essential transactions.
Identifying and protecting confidential and essential records.
Ensuring individual accessibility to records.
Properly implementing and following approved retention schedules.
Notifying the Records Management Division of new records officers.
Procedures for the Adoption of Records Disposition Authorization (RDA) (Chapter 1210-01-.04): This outlines the process for agencies to develop and submit RDAs to the PRC for approval. RDAs specify how long different types of records must be kept and how they should be disposed of (e.g., destroyed, transferred to the State Library & Archives).
Procedures for the Reproduction and Storage of Records (Chapter 1210-01-.05):
Allows for the reproduction of records in different mediums (e.g., scanning paper records).
States that original records in their original medium do not have to be maintained if a reproduction in a different authorized medium exists and the RDA allows it.
Emphasizes secure storage to ensure accessibility, verifiability, and accuracy for the required retention period.
Procedures for the Disposal of Records (Chapter 1210-01-.06): Details the methods and requirements for the legal disposal of records, ensuring compliance with approved RDAs.
Relationship to the Tennessee Public Records Act (T.C.A. § 10-7-501 et seq.):
Title 1210 complements the broader Tennessee Public Records Act (TPRA). While the TPRA primarily grants citizens the right to access public records and defines what constitutes a "public record," Title 1210 provides the administrative and operational rules for how state agencies manage those records, including their creation, maintenance, retention, and disposition.
The TPRA generally states that:
All state, county, and municipal records are open for personal inspection by any citizen of Tennessee during business hours, unless otherwise provided by law.
Requests for records must be sufficiently detailed.
Custodians must respond promptly, or within seven business days, by providing access, denying the request (with a legal basis), or indicating more time is needed.
The Public Records Commission's rules (Title 1210) ensure that agencies have systematic processes in place to comply with the TPRA and to manage their records efficiently and legally.
Where to Find the Full Text:
You can typically find the full text of Title 1210 on the following official and legal resources:
Tennessee Secretary of State's Website: The official source for the "Rules and Regulations of the State of Tennessee" (sos.tn.gov). Look for "Publications" or "Rules and Regulations."
Legal Information Institute (LII) at Cornell Law School: Provides access to state regulations (law.cornell.edu/regulations/tennessee).
Always consult the most current version of the regulations, as they can be amended over time.
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