Tennessee Comptroller of the Treasury
Office of Open Records Counsel


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Frequently Asked Questions

  1. Public Records are “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.” Tenn. Code Ann. Section 10-7-503(a)(1).

  2. The Tennessee Public Records Act provides that any citizen of Tennessee has the right to personally inspect a public record unless there is a state law that restricts or prohibits inspection. Tenn. Code Ann. Section 10-7- 503(a)(2)(A). In Tennessee, a request to inspect or receive copies of public records is called a “public records request” or an “open records request.” A number of other states and the federal government call a request for public records a “FOIA” or “Freedom of Information Act” request.

  3. No. The Office of Open Records Counsel is not a clearinghouse for public records requests. If a citizen has questions regarding the Tennessee Public Records Act (“TPRA”) prior to making a request, the Office will advise the citizen of his/her rights under the TPRA. Once a citizen makes a public records request from a local governmental entity and a dispute arises, the Office will serve as a mediator between the citizen and local government official in an effort to resolve the dispute.

  4. No. The Office of Open Records Counsel only mediates public records disputes between local governmental entities and citizens.

  5. No. The exceptions are found throughout the Tennessee Code Annotated as well as in common law, court rules, and federal law.

  6. Yes. Tenn. Code Ann. Section 10-7-503(a)(7)(A) allows a records custodian to require any citizen making a request to inspect or receive copies of public records to present government issued photo identification, which includes the citizen's address. If the citizen does not possess government issued photo identification that includes an address, the records custodian may accept other forms of identification.

  7. No. Tenn. Code Ann. Section 10-7-503(a)(7)(A) clearly prohibits a records custodian from assessing "a charge to view public records” unless the charge is “otherwise required by law."

  8. No and Yes. A records custodian may not "require a written request...to view a public record unless otherwise required by law. However, a records custodian may require a request for copies to be in writing." Tenn. Code Ann. Section 10-7-503(a)(7)(A).

  9. No. If the records are readily available and there is no need to review and redact, then the records should be made available as “promptly” as possible. However, if it is not “practicable” for the records to be made “promptly” available, the records custodian is required to take one (1) of the following three (3) actions within seven (7) business days: make the records available to the requestor; deny the request in writing with the basis of the denial included; or provide the requestor a written explanation of how long it will take to produce the request.

  10. A governmental entity is allowed to charge 15 cents ($0.15) per 8 ½ x11 or 8 ½ x14 black and white copy and 50 cents ($0.50) per 8 ½ x11 or 8 ½ x14 color copy, unless the entity has done a cost analysis that proves that the entity’s cost to produce a copy exceeds the threshold amount set out above.

  11. Yes. Tenn. Code Ann. Section 10-7-503(a)(7)(C) allows a records custodian to charge a requestor the “hourly wage of the employee(s) reasonably necessary to produce the requested information” after one (1) hour of work has been done by the custodian in producing the requested material.

  12. No. A local police/sheriff’s department is not permitted to charge a flat fee for an accident or incident report. The department is permitted to charge 15 cents ($0.15) per 8 ½ x11 or 8 ½ x14 page, unless a cost analysis has been done to prove that the department’s per page cost exceeds 15 cents ($0.15).

  13. Both citizens of Tennessee and local government officials can request an informal advisory opinion.

  14. No, as long as the request is sufficiently detailed for the records custodian to know what records are being requested, the request does not have to be made in person.

  15. No, if a requestor requests that the records be mailed to him/her, the records custodian is required to mail the records after the requestor pays the cost of delivering the records.

  16. No. In situations where the requestor only requests copies of a portion of the records inspected, he/she can only be charged a labor fee that is proportional to the time that it took to produce the records for which copies are being requested.