Iowa Administrative Code › Agency 681 - Regents Board › Chapter 17 - Public Records and Fair Information Practices › Rule 681-17.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Agency records are open for public inspection
			 and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records shall be kept confidential. Records are listed by
			 category, according to the legal basis for withholding them from public
			 inspection.
a. Minutes of closed meetings of a
			 government body. (Iowa Code section
			 21.5(4)
			 )
b. Sealed bids received prior to the opening
			 of bids. (Iowa Code section
			 72.3
			)
c. Tax records made available to
			 the agency. (Iowa Code sections
			 422.17
			 and
			 422.20
			)
d. Student records (Family
			 Educational Rights and Privacy Act of 1974, as amended,
			 20
			 U.S.C. 1232 g and Iowa Code section
			 22.7)
e. Hospital records, medical records, and
			 professional counselor records (42 CFR Part II, lAC
			 653-13.10
			 (10), Iowa Code sections
			 228.2
			 and
			 135.40
			 to
			 135.42)
f. Work product of an attorney (Iowa Code
			 section
			 602.10112
			). Records which constitute attorney work product, 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 R.
			 Civ. P. 122(c), Fed. R. Civ. P. 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.
g. Public peace officers' investigative
			 reports. (Iowa Code chapter 692)
h.
			 Criminal identification files of law enforcement agencies. (Iowa Code chapter
			 692)
i. Records of identity of
			 owners of public bonds or obligations. (Iowa Code section
			 76.11
			)
j. Information concerning the
			 nature and location of any archaeological resources or site. (Iowa Code section
			 263B. 10)
k. Documents related to
			 civil rights actions. (Iowa Code section
			 216.15(4)
			 )
l. Any other records made confidential by
			 law.
m. Records which are exempt
			 from disclosure under Iowa Code section
			 22.7.
n. 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. "
o. 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 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 agency. (See Iowa Code sections
			 17A.2 and
			 17A.3
			)
p. Records exempted
			 from public inspection under any other provision of law.