CHAPTER 5PUBLIC RECORDS AND FAIR INFORMATION PRACTICES[481—Chapter 5 renumbered as 481—Chapter 11, IAB 2/10/88, effective 3/16/88] The department of inspections and appeals adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices, which are published on the Iowa general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf.4815.1(17A, 22) Definitions. As used in this chapter:
"Agency." In lieu of the words “(official or body issuing these rules)”, insert “department of inspections and appeals”.
"Custodian" means an agency, which owns and exercises control over public records. The originating agency, if any, is the custodian of records which are used to perform work or a service for the originating agency.
"Originating agency" means any government agency which has requested the department to perform work or a service on its behalf. An originating agency retains custody of all records provided by the originating agency to the department.
4815.3(17A, 22) Requests for access to records. 5.3(1) Location of record. In lieu of the words “(insert agency head)”, insert “director”. In lieu of the words “(insert agency name and address)”, insert “Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319”. 5.3(2) Office hours. In lieu of the words “(insert customary office hours, and if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m.to 4:30 p.m.Monday through Friday except legal holidays.” 5.3(7) Fees. c. Supervisory fee. In lieu of “(specify time period)” insert “one hour”.4815.6(17A, 22) Procedure by which a subject may have additions, dissents, or objections entered into the record. In lieu of the words “(designate office)” insert “the originating agency, or to the director’s office”.4815.9(17A, 22) Disclosures without the consent of the subject. 5.9(1) Open records are routinely disclosed without the consent of the subject. 5.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject: a. For a routine use as defined in rule 481—5.10(17A,22) or in the notice for a particular record system. b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject. c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought. d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last-known address of the subject. e. To the legislative services agency under Iowa Code section 2A.3. f. Disclosures in the course of employee disciplinary proceedings. g. In response to a court order or subpoena.Related ARC(s): 6862C4815.10(17A, 22) Routine use. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.To the extent allowed by law, the following uses are considered routine uses of all agency records:- Disclosure to those officers, employees, and agents of the department or the originating agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.
- Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.
- Transfers of information within the agency, to other state agencies, or to local units of government as appropriate to administer the program for which the information is collected.
- Information released to staff of federal and state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully.
- Any disclosure specifically authorized by the statute under which the record was collected or maintained.
- Information transferred to any originating agency when inspections and appeals department has completed the authorized audit, investigation, or inspection.