Iowa Administrative Code › Agency 650 - Dental Board › Title II - Administration › Chapter 6 - Public Records and Fair Information Practices › Rule 650-6.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
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. Tax records made
				available to the agency. (Iowa Code sections
				422.20
				and
				422.72
				)
b. Prior to initiation of a
				contested case, all complaint files, investigation files, other investigation
				reports, and other investigative information in the possession of the board or
				its employees or agents which relates to licensee or registrant discipline.
				(Iowa Code section
				272C.6(4)
				)
c. Criminal history, prior misconduct or
				investigative information relating to an applicant for licensure or
				registration. (Iowa Code section
				147.21(1)
				)
d. Information relating to results of an
				examination for licensure, registration, or certification other than final
				score except for information about results of an examination which is given to
				the person who took the examination. (Iowa Code section
				147.21(3)
				)
e. Information relating to the contents of an
				examination for licensure, registration, or certification. (Iowa Code section
				147.21(2)
				)
f. Information contained in professional
				substance abuse reports or other investigative reports relating to the abuse of
				controlled substances. (Iowa Code section
				124.504
				)
g. Minutes of closed meetings of
				the board. (Iowa Code section
				21.5(4)
				)
h. Records of closed session board
				disciplinary hearings. (Iowa Code sections
				272C.6(1)
				 and
				21.5(4)
				)
i. Information or records received from a
				restricted source and any other information or records made confidential by
				law.
j. 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. "
k. Those portions of agency staff manuals,
				instructions or other statements issued which set forth criteria or guidelines
				to be used by agency staff in conducting audits, in making inspections, in
				negotiating settlements, 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
				)
l. 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.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.
m. Any other records made confidential by
				law.
n. Records which are exempt
				from disclosure under Iowa Code section
				22.7.
o. Information in nonlicensee investigation
				files maintained by the board which are otherwise exempt from disclosure under
				Iowa Code section
				22.7 or other
				provisions of law.