Iowa Admin. Code r. 497-7.11

Current through Register Vol. 47, No. 5, August 21, 2024

Rule 497-7.11 - Availability of records

(1)Open records. Board records are open for public inspection and copying unless otherwise prohibited by current rule or law.

(2)Confidential records. The following records may be kept confidential. Records are listed by category, according to the legal basis for withholding them from public inspection.

a. Records obtained under subpoena or through a board investigation that are confidential under Iowa Code section 22.7 or any another provision of law;

b. Minutes of closed meetings of a governmental body (Iowa Code section 21.5(4) );

c. 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";

d. Those portions of agency staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by agency 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 tolerance 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 agency;

e. Records which constitute attorney work product, or attorney-client communications, or which are otherwise privileged. Attorney work product is confidential under Iowa Code sections 22.7(4), 622.10 and 622.11, Iowa Rule of Civil Procedure 1.503(3), Federal Rule of Civil Procedure 26(b)(3), and case law. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility and case law; or

f. Other records made confidential by law.

Iowa Admin. Code r. 497-7.11

ARC 0741C, IAB 5/15/2013, effective 7/1/2013