Proposed Rule(s) Filing Form

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1 Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN Phone: For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: Q(p t,/<, I,..., '1/4/17 Proposed Rule(s) Filing Form Proposed rules are submitted pursuant to Tenn. Code Ann , , and in lieu of a rulemaking hearing It is t/je intent of the Agency to promulgate these rules wit/jou/ a rulemaking hearing unless a petition requesting suc/j hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed f;y ten (10) persons who will be affected by the amendments. or submitted by a municipality which will be affected by the amendments. or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency sl1a/l forward such petition to the Secretary of State. Pursuant to Tenn. Code Ann , any new fee or fee increase promulgated by state agency rule shall take effect on July 1. following the expiration of the ninety (90) day period as provided in This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to (a) and to subsequent rules that make permanent such emergency rules. as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during t/je preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with (b).,_A_g~~-~y{f}_oar_~{CQ_1!!~-~~iQ~:_ 1 [?_E=ipa~tmerit_of State Division: Contact Person: rv1ary Beth Thomas, General Counsel Address: 1 Siate Capitol, 1 st Floor, 600 Charlotte Avenue, Nashville, TN... Z_ip~--- ~ P~-9ne: _i _~2819 L... --~'!'ail: : _M9ry_.l:lE=ith.thofI1_9s@!n~gg_v Revision Type (check all that apply): Amendment New X Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title Access to Public Records Maintained by the Department of Sta_t_e Rule Number Rule Title ! l-.-Ql_ Purpose aric:l _S_co~p_e Definitions f3e=iql:jest for ln spe=ic:tigri_of Records Re uest for Reprodl:Jc:ti9ri _o_f _R_e_co_r_d_s Fees and Costs for Reproduction of J=>l:Jl:llic:_f3E'lc:_orc:J? Pa ment for Reproduction of Public Records l Waiver of Fees SS-7038 (June 2016) RDA 1693

2 (Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s). Statutory authority must be given for each rule change. For information on formatting rules go to Guidelines August2014. pdf) These rules are being repealed in accordance with Tenn. Code Ann (9), which requires each agency to adopt a public records policy. The Department of State intends to adopt the public records policy designed by the Office of Open Records Counsel, in large part. SS-7038 (June 2016) 2 RDA 1693

3 * If a roll-call vote was necessary, the vote by the Agency on these rules was as follows: Board Member Aye No Abstain Absent Signature (if required) I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the (board/commission/other authority) on A: { UI 11 (date as mmldd/yyyy), and is in compliance with the provisions of T.C.A The Secre ary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State. Date: ~~... Signature: Name of Officer: _...--r. ~lt<- l --=--, ==---. ~-=-=l L ;q: ~1'7 Jti ~ _A~'IIU ~ ~- ~ ~~'~ V':f ~~'lt:: ~ Title of Officer: _<;f?..._--'<l-""'.\t,...~-1---of= c...a-_~~--- ik= Subscribed and sworn to before me on : Notary Public Signature: My commission expires on: - ~~ -~-'--"1c...L j ~2!:"'--'6~ 1,U')==-,_1_1--' Agency/Board/Commission: ~+-'Df:-: fh;;, i,e, Rule Chapter Number(s): f:?:,l,il) - l Q - Ql -. 0 ( ~ ()1 All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Herbert H. Attorney General and ~/,/,-017,, Date Department of State Use Only? 1 :- r - \ ' U.1 a C"? ('_\ u.l :2 \-if; (n Z,c ii.- _ 0-,_: \-- \.D ~ -~- I.c.f- }_:. er ::;:) u.j _ ; a:::[_ = c-j u.l en n:: r- Ll Filed with the Department of State on: -lo...,b~ip~/~!_7~ Effective on: ---3& -.--'-+~"f'-+-"j: -7~ /1 Tre Hargett Secretary of State SS-7038 (June 2016) 3 RDA 1693

4 Regulatory Flexibility Addendum Pursuant to T.C.A through , prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. This rule will not have any impact on small businesses. Impact on Local Governments Pursuant to T.C.A and "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 ( us/sos/acts/106/pub/pc1070. pdf) of the 2010 Session of the General Assembly) This rule will not have any impact on local governments. SS-7038 (June 2016) 4 RDA 1693

5 Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A (i)(1) (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; These rules are being repealed in accordance with Tenn. Code Ann (g), which requires each agency to adopt a public records policy. The Department of State intends to adopt the public records policy designed by the Office of O en Records Counsel, in lar e art. htt :// troller.tn. ov/o enrecords/ (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; I Tenn. Code Ann (9). (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Citizens of Tennessee are afforded access to the public records of state government pursuant to the Public Records Act. Tenn. Code Ann (9) requires that each agency adopt a policy with regard to access for public records, and the Comptroller's Office of Open Records Counsel has prepared a model policy for adoption. This repeal will allow the Department of State to ensure that its public records rules are in line with the model policy adopted (and perhaps, amended from time to time) by the Comptroller's office. This should provide consistency for Tennessee citizens. We are unaware of any opposition to repealinq these rules. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; None. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; None. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Mary Beth Thomas General Counsel Tennessee Department of State State Capitol, 1 st Floor 600 Charlotte Avenue Nashville, Tennessee (615) Mary.beth.thomas@tn.gov (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Mary Beth Thomas General Counsel Tennessee Department of State State Capitol, 1 st Floor SS-7038 (June 2016) 5 RDA 1693

6 600 Charlotte Avenue Nashville, Tennessee (615) Mary. beth. (H) Office address, telephone number, and address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Mary Beth Thomas General Counsel Tennessee Department of State State Capitol, 1 st Floor 600 Charlotte Avenue Nashville, Tennessee (615) Marv. beth. thomas@tn. qov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. None. SS-7038 (June 2016) 6 RDA 1693

Proposed Rule(s) Filing Form

Proposed Rule(s) Filing Form Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: pqglj9 8 tions.infor111ation@tn.g9y For Department of State