Iowa Administrative Code
Agency 193C - Engineering and Land Surveying Examining Board
Chapter 9 - Complaints, Investigations and Disciplinary Action
Rule 193C-9.8 - Confidentiality of Complaint and Investigative Information
Universal Citation: IA Admin Code 193C-9.8
Current through Register Vol. 47, No. 6, September 18, 2024
(1) General provisions. All complaint and investigative information received or created by the board is privileged and confidential pursuant to Iowa Code section 272C.6(4). Such information shall not be released to any person except as provided in that section.
(2) Disclosure to the subject of the investigation.
a.
Legal
authority. Pursuant to Iowa Code section 10A.506(9), the board may
supply to a licensee who is the subject of a disciplinary complaint or
investigation, prior to the initiation of a disciplinary proceeding, all or such
parts of a disciplinary complaint, disciplinary or investigatory file, report, or
other information as the board in its sole discretion believes would aid the
investigation or resolution of the matter.
b.
General rule. As a matter
of general policy, the board will not disclose confidential complaint and
investigative information to a licensee except as permitted by Iowa Code section
272C.6(4). Disclosure of a complainant's identity in advance of the filing of
formal disciplinary charges, for instance, may adversely affect a complainant's
willingness to file a complaint with the board.
c.
Exceptions to general rule.
The board may exercise its discretion to release information to a licensee that
would otherwise be confidential under Iowa Code section 272C.6(4) under narrow
circumstances, including but not limited to the following:
(1) Following a board determination that
probable cause exists to file disciplinary charges against a licensee and prior
to the issuance of the notice of hearing, the board may provide the licensee with
a peer review or investigative report or expert opinions as reasonably needed for
the licensee to assess the merits of a settlement proposal.
(2) The board may release to a licensee who is
the subject of a board-initiated investigation, including those initiated
following the board's receipt of an anonymous complaint, such records or
information as may aid the investigation or resolution of the matter.
(3) The board may release information from a
peer review or consultant's report when soliciting the licensee's position will
aid in making the probable cause determination and such disclosure can be made to
the licensee without revealing identifying information regarding the complainant,
peer reviewer or consultant.
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