Current through Register Vol. 46, No. 19, March 20, 2024
(1)
General. Agency records are open for public inspection and
copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
listed by category, according to the legal basis for withholding them from
public inspection.
a. Personal related
information in confidential personnel records of board staff and board members.
(Iowa Code section
22.7(11)
)
b. All information in complaint
and investigation files maintained by the board for purposes of licensee
discipline is confidential in accordance with Iowa Code section
272C.6(4),
except that the information may be released to the licensee once a licensee
disciplinary proceeding has been initiated by the filing of formal charges and
a notice of hearing or those files the board can provide to the licensee before
charges are filed pursuant to rules adopted under Iowa Code section
546.10(9).
Unlicensed complaint files are open to the public.
c. The record of a disciplinary hearing which
is closed to the public pursuant to Iowa Code section
272C.6(1)
is confidential under Iowa Code section
21.5(4).
However, in the event a record is transmitted to the district court pursuant to
Iowa Code section 17A. 19(6) for purposes of judicial review, the record shall
not be considered confidential unless the district court so orders. Unlicensed
hearing files are open to the public.
d. Information relating to the contents of an
examination for licensure.
e.
Minutes and tapes of closed meetings of the board. (Iowa Code section
21.5(4)
)
f. Information or records
received from a restricted source and any other information or records made
confidential by law, such as academic transcripts or substance abuse treatment
information.
g. References for
examination or licensure applicants. (Iowa Code section
22.7(18)
)
h. Records which constitute
attorney work products or attorney-client communications or which are otherwise
privileged pursuant to Iowa Code section
22.7,
272C.6(4),
622.10
or
622.11, state and
federal rules of evidence or procedure, the Code of Professional
Responsibility, and case law.
i.
Identifying details in final orders, decisions and opinions to the extent
required to prevent a clearly unwarranted invasion of personal privacy or trade
secrets under Iowa Code section
17A.3(1)
"d."
j. Those
portions of agency staff manuals, instructions or other statements issued which
set forth the criteria or guidelines to be used by agency staff in auditing,
making inspections, or in selecting or handling cases, such as operational
tactics or allowable tolerances or criteria for the defense, prosecution or
settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
detection;
(2) Facilitate disregard
of requirements imposed by law; or
(3) Give a clearly improper advantage to
persons who are in an adverse position to the board. (Iowa Code sections
17A.2 and
17A.3
)
k. Email addresses of
licensees when solicited for the purpose of mass communication. An email
address may be open to the public when given as part of a specific, individual
email correspondence.
(3)
Authority to release confidential
records. The agency may have discretion to disclose some confidential
records which are exempt from disclosure under Iowa Code section
22.7 or other law.
Any person may request permission to inspect records withheld from inspection
under a statute which authorizes limited or discretionary disclosure as
provided in rule 193F-25.4 (17A,22). If the agency initially determines that it
will release such records, the agency may where appropriate notify interested
parties and withhold the records from inspection as provided in subrule
25.4(3).
