Iowa Administrative Code › Agency 189 - Credit Union Division › Chapter 25 - Public Records and Fair Information Practices › Rule 189-25.13 - 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 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
			 422.72 and
			 422.20)
b. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
c. Minutes of closed meetings of a government
			 body. (Iowa Code subsection
			 21.5(4)
			 )
d. 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
			 subsection 17A.3(1)
"d."
e. 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)
f. All papers, documents, reports, reports of
			 examinations and other writings relating specifically to the supervision and
			 regulation of any state credit union or other person by the superintendent of
			 credit unions pursuant to the laws of this state. (Iowa Code section
			 533.108)
g. Reports of examinations conducted by the
			 superintendent of credit unions and reports of examinations received by or
			 furnished to the superintendent of credit unions pursuant to Iowa Code section
			 533.113.
h. Information and material in the public
			 file of applications filed with the superintendent pursuant to rule 2.12(17A)
			 deemed by the superintendent to be confidential.
i. All information obtained by examiners and
			 described in Iowa Code section
			 533.108.
j. All applications, reports, materials,
			 documents, information and other writings obtained from the National Credit
			 Union Administration or authorized account insurer (Iowa Code section
			 533.307) , Federal Reserve Bank,
			 Comptroller of the Currency or any agency of the United States government which
			 would cause the denial of services or information to the agency. (Iowa Code
			 section 22.9; the Privacy Act of 1974
			 (U.S.C. 522a); and Part 790 of the National Credit Union Administration Rules
			 and Regulations,  12 CFR 790, August 1987)
k. Those personnel records which are
			 confidential under Iowa Code sections
			 22.7(11), 19A.9 and 19A.15.
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 information made confidential by
			 law.