Current through Register Vol. 46, No. 19, March 20, 2024
(1)
General. Board 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. All information in
complaint and investigation files maintained by the board, or peer review
committee acting under the authorization of the board, for purposes of licensee
discipline is confidential in accordance with Iowa Code section
272C6(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.
b. The record
of a disciplinary hearing which is closed to the public pursuant to Iowa Code
section
272C6(1).
is confidential under Iowa Code section
215(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.
c. Criminal history or prior misconduct of an
applicant for licensure, pursuant to Iowa Code section
14721(1)..
d. Information relating to the contents of an
examination for licensure, pursuant to Iowa Code section
14721(2)..
e. Information relating to the examination
results other than final score except for information about the results of an
examination which is given to the person who took the examination pursuant to
Iowa Code section
1472(3)..
f. Minutes and tape recordings of portions of
board meetings held in closed sessions, pursuant to Iowa Code section
215(4)..
g. Records which are exempt from disclosure
under Iowa Code section
227..
h. 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
17A3(1).
"d."
i. Those
portions of board staff manuals, instructions or other statements issued which
set forth criteria or guidelines to be used by board staff in auditing, in
making inspections, in settling commercial disputes or negotiating commercial
arrangements, or in the selection or handling of 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. (All under Iowa Code
sections
17A2. and
17A3.
)
j. Information in
nonlicensee and investigation files maintained by the board which are otherwise
exempt from disclosure under Iowa Code section
227. or other
provisions of the law.
k. Records
made confidential under any other provision of law.
(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
227. or other law.
Any person may request permission to inspect records withheld from inspection
under a statute which authorizes limited discretionary disclosure as provided
in rule 10.4(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 10.4(3).
