Iowa Administrative Code › Agency 875 - Labor Services Division › Chapter 1 - Description of Organization and Procedures Before the Division › Division II - Openrecords and Fair Information Practices › Rule 875-1.14 - Requests for Treatment of a Record as a Confidential Record and 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 the record from examination and copying only to the extent that the
				  custodian is authorized by Iowa Code section
				  22.7, another
				  applicable provision of law, or a court order
(1)
Persons who may request.
Any person who would be aggrieved or adversely affected by disclosure of a
				record and who asserts the custodian is authorized to treat the record as
				confidential by Iowa Code section
				22.7, another
				applicable provision of law, or a court order, may request the record be
				treated as a confidential record and be withheld 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 filed
				with the custodian. The request shall set forth the legal and factual basis
				justifying confidential treatment for the 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 a
				confidential record for a limited time period shall also specify the time
				period for which confidential 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 division 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.
The custodian may treat a record as
				confidential even if no request has been received. However, if a person who has
				submitted business information to the division does not request that it be
				withheld from public inspection under Iowa Code section
				22.7, the custodian
				of records containing that information may proceed as if that person has no
				objection to disclosure.
(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 is filed or when the
				custodian receives a request for access to the record by a member of the
				public.
(5)
Request
				granted.
If a request for such confidential record treatment is
				granted, a copy of the record from which the matter in question has been
				redacted or deleted 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 may make reasonable and timely efforts to
				notify any person who has filed a request for its treatment as a confidential
				record of the request.
(6)
Request denied.
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. 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
				22.8,
				or other applicable provision of law. 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, if a court directs the custodian to treat it as a
				confidential record, to the extent permitted by another applicable provision of
				law, or with the consent of the person requesting access. 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.