Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 195 - Public Records and Fair Information Practices › Rule 261-195.5 - Requests for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The custodian may treat a record as a confidential record and
				  withhold it from examination only to the extent that the custodian is
				  authorized by Iowa Code section
				  227., another
				  applicable provision of law, or a court order to refuse to disclose that record
				  to members of the public.
(1)
Persons who may request.
Any person who would be aggrieved or
				adversely affected by disclosure of a record and who asserts that Iowa Code
				section
				227., another
				applicable provision of law, or a court order authorizes the custodian to treat
				the record as a confidential record may request the custodian to treat that
				record as a confidential record and to withhold it from public
				inspection.
(2)
Request.
A request that a record be treated as a confidential
				record and be withheld from public inspection shall be in writing and shall be
				filed with the custodian. The request must set forth the legal and factual
				basis justifying such confidential record treatment for that record, and the
				name, address, and telephone number of the person authorized to respond to any
				inquiry or action of the custodian concerning the request. A person requesting
				treatment of a record as a confidential record may also be required to sign a
				certified statement or affidavit enumerating the specific reasons justifying
				the treatment of that record as a confidential record and to provide any proof
				necessary to establish relevant facts. Requests for treatment of a record as
				such a confidential record for a limited time period shall also specify the
				precise period of time for which that treatment is requested.
A person filing such a request shall, if possible, accompany
				  the request with a copy of the record in question from which those portions for
				  which such confidential record treatment has been requested have been deleted.
				  If the original record is being submitted to the agency by the person
				  requesting such confidential treatment at the time the request is filed, the
				  person shall indicate conspicuously on the original record that all or portions
				  of it are confidential.
(3)
Failure to request.
Failure of a person to request
				confidential record treatment for a record does not preclude the custodian from
				treating it as a confidential record. However, if a person who has submitted
				business information to the agency does not request that it be withheld from
				public inspection under Iowa Code section
				227(3). (trade
				secrets), 22.7(6) (advantage to competitors), or 22.7(18) (communications not
				required by law, rule, procedure or contract), the custodian of records
				containing that information may proceed as if that person has no objection to
				its disclosure to members of the public.
(4)
Timing of decision.
A
				decision by the custodian with respect to the disclosure of a record to members
				of the public may be made when a request for its treatment as a confidential
				record that is not available for public inspection is filed, or when the
				custodian receives a request for access to the record by a member of the
				public.
(5)
Request granted
				or deferred.
If a request for such confidential record treatment is
				granted, or if action on such a request is deferred, a copy of the record from
				which the matter in question has been deleted and a copy of the decision to
				grant the request or to defer action upon the request will be made available
				for public inspection in lieu of the original record. If the custodian
				subsequently receives a request for access to the original record, the
				custodian will make reasonable and timely efforts to notify any person who has
				filed a request for its treatment as a confidential record that is not
				available for public inspection of the pendency of that subsequent
				request.
(6)
Request denied
				and opportunity to seek injunction.
If a request that a record be
				treated as a confidential record and be withheld from public inspection is
				denied, the custodian shall notify the requester in writing of that
				determination and the reasons therefor. On application by the requester, the
				custodian may engage in a good-faith, reasonable delay in allowing examination
				of the record so that the requester may seek injunctive relief under the
				provisions of Iowa Code section
				228.,
				or other applicable provision of law. However, such a record shall not be
				withheld from public inspection for any period of time if the custodian
				determines that the requester had no reasonable grounds to justify the
				treatment of that record as a confidential record. The custodian shall notify
				the requester in writing of the time period allowed to seek injunctive relief
				or the reasons for the determination that no reasonable grounds exist to
				justify the treatment of that record as a confidential record. The custodian
				may extend the period of good-faith, reasonable delay in allowing examination
				of the record so that the requester may seek injunctive relief only if no
				request for examination of that record has been received, or if a court directs
				the custodian to treat it as a confidential record, or to the extent permitted
				by another applicable provision of law, or with the consent of the person
				requesting access.