The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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When Requests for Records are Denied

Reference Number: MTAS-449
Tennessee Code Annotated
Reviewed Date: March 22, 2013
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When a municipality denies a request for records, the act guarantees the requester’s right to petition for access to the records denied and to “obtain judicial review of the actions taken to deny access.” T.C.A. § 10-7-505(a).  At trial a denying governmental agency has the burden of proving confidentiality by a preponderance of the evidence. T.C.A. § 10-7-505(c). A court must then weigh this with the court’s duty to construe the act “to give the fullest possible access to public records.”  T.C.A. § 10-7-505(d).