Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Location. A request for access to a record should be directed
to the ombudsman at the Office of Ombudsman, Ola Babcock Miller Building, 1112
E. Grand Avenue, Des Moines, Iowa 50319. The agency may also be reached at the
following numbers: telephone (515)281-3592, 1-888-426-6283 (1-888-IA-OMBUD),
TDD/TTY (515)242-5065, and fax (515)242-6007.
(2)
Office hours. Access to
records shall be available during all customary office hours, which are 8 a.m.
to 4:30 p.m., Monday through Friday, except designated state
holidays.
(3)
Request for
access. Requests for access to records may be made in writing, in
person, by telephone, by e-mail, or by facsimile (fax). Requests shall identify
by name and description the particular records sought in order to facilitate
the location of the record. Requests by mail, telephone, e-mail, or facsimile
(fax) shall also include the name, address, e-mail, and telephone or fax number
of the person requesting the information. A person shall not be required to
give a reason for the request.
(4)
Response to requests.
a.
Access to an open record of the agency shall be provided promptly upon request.
If the size or nature of the request makes prompt access impracticable, the
custodian shall comply with the request as soon as practicable. Access to an
open record may be delayed for one of the purposes authorized by Iowa Code
subsection 22.8(4) or
22.10(4). The
custodian shall notify the requester of the reason for a delay in access to an
open record and an estimate of the length of that delay and, upon request,
shall provide such notice in writing.
b. The custodian of a record may deny access
to the record by members of the public only on the grounds that such a denial
is warranted under Iowa Code subsections
22.8(4) and
22.10(4), or
that it is a confidential record, or that its disclosure is prohibited by a
court order. Access by members of the public to a confidential record is
limited by law and, therefore, may generally be provided only in accordance
with the provisions of rule
141-3.4 (2C,22) and other
applicable provisions of law.
(5)
Security of record.
Examination and copying of agency records shall be supervised by the custodian
or a designee of the custodian. A person may not search or remove any record
from agency files without permission from the custodian. A person may not cause
damage or disorganization to any agency records.
(6)
Copying. A reasonable
number of copies of a record may be made in the agency's office. If photocopy
equipment is not available in the agency office, the custodian shall permit
examination of the record in the office and shall arrange to have copies made
as soon as practicable elsewhere.
(7)
Fees. To the extent
permitted by law, the agency may charge fees in connection with the examination
or copying and may waive payment of such fees when the imposition of fees is
inequitable or when a waiver is in the public interest.
a.
Copying and postage
costs. Copies of records may be made by or for members of the public
on agency photocopy machines or from electronic storage systems at costs as
determined by the custodian. When the mailing of copies of records is
requested, the actual costs of such mailing may also be charged.
b.
Supervisory fee. An
hourly fee may be charged for actual agency expenses in supervising the
examination and copying of requested records when the time required is in
excess of one-half hour. The hourly fee charged shall not be in excess of the
hourly wage of an agency employee who ordinarily would be appropriate and
suitable to perform this supervisory function.
c.
Search fees. If the
request requires research or if the records cannot readily be retrieved by the
agency, the requester will be advised of this fact. Reasonable search fees may
be charged where appropriate. In addition, all costs for retrieval and copying
of information stored in electronic storage systems may be charged to the
requester.
d.
Advance
deposit. When the estimated total fee chargeable under this subrule
exceeds $25, the custodian may require the requester to make an advance payment
to cover all or a part of the estimated fee. When a requester has previously
failed to pay a fee chargeable under this subrule, the custodian may require
advance payment of the full amount of any estimated fee before the custodian
processes a new request from that requester.
