Iowa Admin. Code r. 191-2.4 - Requests for access to records
(1)
Request
for access. Requests for access to open records not available on the
division's website may be made in writing, by mail, by email, or online as
instructed on the division's website. Requests must identify the particular
records sought by name or description in order to facilitate the location of
the record. Requests must include the name, address, email address if
available, and telephone number of the person requesting the information. A
person is not required to give a reason for requesting an open record. If the
division has records in its possession that may be public records but that are
copies of materials from another agency or public organization, the division
may refer individuals to the originating agency or entity.
(2)
Response to requests.
a.
Access. Access to an open
record shall be provided promptly upon request unless the size or nature of the
request makes prompt access infeasible. If the size or nature of the request
for access to an open record requires time for compliance, the division must
comply with the request as soon as feasible.
b.
Delay. Access to an open
record may be delayed for one of the purposes authorized by Iowa Code section
22.8(4) or
22.10(4), for
redaction by the division of confidential information, or for search and review
of requested records. The division must promptly give written notice to the
requester of the reason for any delay and an estimate of the length of that
delay.
c.
Deny.
The division may deny access to the record by members of the public when
warranted under Iowa Code chapter 22 or other applicable law or when the
record's disclosure is prohibited by a court order.
(3)
Security of record. No
person may, without permission from the division, search or remove any record
from division files. Inspection and copying of division records must be
supervised by the division or a designee of the division in order for the
records to be protected from damage and disorganization.
(4)
Fees. The division may
charge fees for records as authorized by Iowa Code section
22.3 or another provision of
law. Under Iowa Code section
22.3, the fee for the copying
service, whether electronic or hard copy, or mailing shall not exceed the cost
of providing the service. An hourly fee may be estimated in advance and charged
for actual division expenses in the inspection, reviewing, and copying of
requested records when the total staff time dedicated to fulfilling the request
requires an excess of two hours.
(5)
Information released. If
a person is provided access to less than an entire record, the division shall
take measures to ensure that the person is furnished only the information that
is to be released. This may be done by providing to the person either an
extraction of the information to be released or a copy of the record from which
the information not to be released has been otherwise redacted.
Notes
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(1) Request for access. Requests for access to open records not available on the division's website may be made in writing or in person. A request may be made by mail, email, or online as instructed on the division's website. Requests must identify the particular records sought by name or description in order to facilitate the location of the record. Requests must include the name, address, email address if available, and telephone number of the person requesting the information. A person is not required to give a reason for requesting an open record. If the division has records in its possession that may be public records but that are copies of materials from another agency or public organization, the division may refer persons seeking inspection of those records to the originating agency or public organization.
(2) Response to requests.
a. Access. Access to an open record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. If the size or nature of the request for access to an open record requires time for compliance, the division must comply with the request as soon as feasible. The division requests that members of the public make appointments for the in-person inspection of public records because the division needs time to locate stored records and office space is limited.
b. Delay. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4), for redaction by the division of confidential information, or for search and review of requested records. The division must promptly give written notice to the requester of the reason for any delay and an estimate of the length of that delay.
c. Deny. The division may deny access to the record by members of the public when warranted under Iowa Code chapter 22 or other applicable law or when the record's disclosure is prohibited by a court order.
(3) Security of record. No person may, without permission from the division, search or remove any record from division files. Inspection and copying of division records must be supervised by the division or a designee of the division in order for the records to be protected from damage and disorganization.
(4) Copying. A reasonable number of copies of an open record may be made in the division's office. If photocopy equipment is not available in the division office where an open record is kept, the division must permit the record's inspection in that office and arrange to have copies promptly made elsewhere.
(5) Fees. The division may charge fees for records as authorized by Iowa Code section 22.3 or another provision of law. Under Iowa Code section 22.3, the fee for the copying service, whether electronic or hard copy, or mailing shall not exceed the cost of providing the service. An hourly fee may be charged for actual division expenses in the inspection, reviewing, and copying of requested records when the total staff time dedicated to fulfilling the request requires an excess of two hours. When the open records request will cause time required in excess of the allotted two hours, the division may require a requester to make an advance payment to cover all of the estimated fee.
(6) Information released. If a person is provided access to less than an entire record, the division shall take measures to ensure that the person is furnished only the information that is to be released. This may be done by providing to the person either an extraction of the information to be released or a copy of the record from which the information not to be released has been otherwise redacted.