Iowa Administrative Code
Agency 193F - REAL ESTATE APPRAISER EXAMINING BOARD
Chapter 8 - INVESTIGATIONS AND DISCIPLINARY PROCEDURES
Rule 193F-8.7 - Confidentiality of complaint and investigative information
Universal Citation: IA Admin Code 193F-8.7
Current through Register Vol. 46, No. 19, March 20, 2024
(1) All complaint and investigative information received or created by the board is privileged and confidential pursuant to Iowa Code subsection 272C.6(4). Such information shall not be released to any person except as provided in that section and in this rule.
(2) Disclosure to the subject of the investigation.
a.
Legal authority. Pursuant
to Iowa Code section
546.10(9),
the board may, prior to the initiation of a disciplinary proceeding, supply to
a licensee who is the subject of a disciplinary complaint or investigation 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 shall 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 to a licensee
information 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 but prior to the issuance of the notice of hearing, the
board may provide the licensee with a peer review report or investigative
report or with 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 investigations
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 disclose
information from a peer review report or consultant's report when soliciting
the licensee's position will aid in making the probable cause determination or
when providing the information would be educational to the licensee, and such
disclosure can be made to the licensee without revealing identifying
information regarding the complainant, peer reviewer or consultant.
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