Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 3 - Fair Information Practices › Rule 491-3.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Agency
			 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. Sealed bids received
			 prior to the time set for public opening of bids. (Iowa Code section
			 72.3
			)
b. Tax records made available to
			 the agency. (Iowa Code sections
			 422.20
			 and
			 422.72
			)
c. Exempt records under Iowa Code
			 section
			 22.7.
d. Minutes of closed meetings of a government
			 body. (Iowa Code section
			 21.5(4)
			)
e. 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."
f. Those
			 portions of commission staff manuals, instructions or other statements issued
			 which set forth criteria or guidelines to be used by commission 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. (Iowa Code sections
			 17A.2 and
			 17A.3
			)
g. 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.C.R 1.503, the rules of evidence, the Code of Professional Responsibility,
			 and case law.
h. Criminal
			 investigative reports. (Iowa Code section
			 22.7(5)
			)
i. Information gathered during an
			 investigation during pendency of the investigation or information requested for
			 inspection by the commission or a representative of the commission. (Iowa Code
			 sections
			 99D.7(9),
			 99D.19(3),
			 99E.3(2),
			 99E.8(2),
			 99F.4(6),
			 99F.12(2),
			 and
			 99F.12(4)
			)
j. Personnel files and employee
			 records. Information required for tax withholding, information concerning
			 employee benefits, affirmative action reports, and other information concerning
			 the employer-employee relationship. Some of this information is confidential
			 under Iowa Code section
			 22.7(11).
k. Security plans, surveillance system plans
			 and records, network audits, internal controls, and compliance records of the
			 licensees that are made available to the commission that would enable law
			 violators to avoid detection and give a clearly improper advantage to persons
			 who are in an adverse position to the agency. (Iowa Code sections
			 17A.2,
			 17A.3,
			 22.7(18),
			 99D.19(3),
			 99E.8(4),
			 99F.12(2)
"b"
and 99F. 12(4))
l. Promotional play receipts records and
			 marketing expenses. (Iowa Code sections
			 99D.19(3),
			 99E.8(4)
			  and 99F. 12(4))
m. Patron and customer records. (Iowa Code
			 sections
			 99D.19(3),
			 99E.8(4)
			  and 99F. 12(4))
n. Supplemental schedules to the certified
			 audit that are obtained by the commission in connection with the annual audit
			 under Iowa Code sections
			 99D.20,
			 99E.9
			 and
			 99F.13.
			 (Iowa Code sections
			 99D.19(3)
			  and 99F. 12(4))
o. Names, social security numbers and any
			 other personally identifiable information regarding persons who have
			 voluntarily excluded themselves and are a part of the interactive Internet site
			 maintained by the commission. (Iowa Code sections
			 99D.7(23)
			  and
			 99F.4(22)
			  as amended by 2018 Iowa Acts, House File
			 2349)