Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Do private companies that run Tennessee jails and prisons have to report deaths in custody and follow the same public records rules as government correctional agencies?
Yes. A private prison company operating a state, county, or municipal correctional facility under contract is the functional equivalent of a government correctional agency. It must submit reports to t…
Does Tennessee law let a city pay less than half of the cost of reappraising property within the city if the county hasn't agreed, and can the county assessor withhold the city's tax rolls if the city refuses to pay its share?
No on both. Under Tenn. Code Ann. § 67-5-1601(c)(2), a city must pay one half of the local costs of reappraisal of property within the city unless the city and county agree on a different amount; the …
Can a Tennessee district attorney general's office digitize its paper case files for storage and then shred the originals?
Only with approval. The AG concluded the DA's case files are state records, and any reformatting or destruction requires an approved records disposition authorization from the Tennessee Public Records…
Can a Tennessee school district share student names and addresses with a charter school in the district, and can a citizen get a student's phone number through a public records request?
The district can share names and addresses with the charter if it determines the charter has a legitimate educational interest. The disclosure is permissive, not mandatory. But the district cannot rel…
Does HIPAA stop Tennessee from releasing legislators' health insurance enrollment and premium data in response to a public records request?
No. Even assuming the data was protected health information disclosed by a HIPAA-covered entity, the Privacy Rule's 'required by law' exception lets a covered entity disclose PHI when a state public r…
Do Tennessee notaries public have to keep a record of every notarization, even when they don't charge a fee, and can it be electronic?
Yes. Starting October 1, 2014, the recordkeeping duty applies to every notarial act regardless of whether the notary charges a fee. The 'well-bound book' may be kept electronically if the record stays…
Is the date a Tennessee workers' compensation policy is cancelled a public record under the insurance confidentiality statute?
No. A cancellation date is not a 'policy expiration date' under Tenn. Code Ann. § 50-6-421(b)(3), so the cancellation date remains confidential under § 50-6-421(a). The AG distinguished cancellation (…
Are records in a Tennessee county mayor's office subject to the county public records commission, and what happens if someone destroys them without authorization?
Yes, records in the county mayor's office are public records under Tenn. Code Ann. § 10-7-403 and subject to the county public records commission. County offices may destroy public records without com…
Can the state make handgun carry permit records public but then make it a crime to republish them?
The AG concluded yes for the part that makes permit records confidential, but no for the parts that allow inspection while criminalizing publication. SB76 and its amendment would have left the records…
Can Tennessee city or county council members discuss public business over dinner without violating the Open Meetings Act?
Two or more members of a Tennessee governing body sharing a meal and discussing public business potentially raises an Open Meetings Act issue. The discussion is allowed if it does not amount to 'delib…
Can a Tennessee county mayor veto the county commission's appointments to the sheriff's civil service board?
No. The Tennessee AG concluded the county mayor has no veto over board appointments. The board acts with a quorum of two of three members. The mayor must designate the chair each year as new appointme…
Are tax records held by Tennessee cities and counties (like hotel/motel taxes and gross receipts taxes) confidential, or are they open public records?
It depends on the source of authority. The AG concluded Madison and Rhea County hotel/motel tax records were confidential because their authorizing private acts gave the clerks 'powers and duties' und…
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.