Iowa Administrative Code › Agency 701 - Revenue Department › Title II - Property Tax › Chapter 115 - Property Assessment Appeal Board › Rule 701-115.11 - Records Access

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A request for access to a record should be
				directed to the custodian.
(2)
Office hours.
Open records shall be made available during all
				customary office hours, which are 8 a.m. to 4:30 p.m. Monday through Friday
				excluding holidays.
(3)
Request for access.
Requests for access to open records may be
				made in writing, in person, by email, or by telephone. Requests shall identify
				the particular records sought by name or description in order to facilitate the
				location of the record. Mail, email, and telephone requests shall include the
				name, address, and telephone number of the person requesting the information. A
				person shall not be required to give a reason for requesting an open
				record.
(4)
Response to
				requests.
Access to an open record shall be provided promptly upon
				request unless the size or nature of the request makes prompt access
				infeasible. If the size or nature of the request for access to an open record
				requires time for compliance, the custodian shall comply with the request as
				soon as feasible. Access to an open record may be delayed for one of the
				purposes authorized by Iowa Code section 22.8(4) or
				22.10(4). The
				custodian shall promptly give notice to the requester of the reason for any
				delay in access to an open record and an estimate of the length of that delay
				and, upon request, shall promptly provide that notice to the requester in
				writing. The custodian of a record may deny access by members of the public to
				the record only on the grounds that such a denial is warranted under Iowa Code
				sections 22.8(4)  and
				22.10(4), that
				it is a confidential record, or that its disclosure is prohibited by a court or
				board order. Access by members of the public to a confidential record is
				limited by law and, therefore, may generally be provided only in accordance
				with the applicable provisions of law. Open records are routinely disclosed
				without the consent of the parties.
(5)
Security of record.
No
				person may, without permission from the custodian, search or remove any record
				from board files. Examination and copying of board records shall be supervised
				by the custodian. Records shall be protected from damage and
				disorganization.
(6)
Copying.
A reasonable number of copies of an open record may
				be made in the board's office. If photocopy equipment is not available, the
				custodian shall permit examination of the record and shall arrange to have
				copies promptly made elsewhere.
(7)
Fees.
a.
When
				charged.
The board may charge fees in connection with the examination
				or copying of records only if the fees are authorized by law. To the extent
				permitted by applicable provisions of law, the payment of fees may be waived
				when the imposition of fees is inequitable or when a waiver is in the public
				interest.
b.
Copying and
				postage costs.
Price schedules for published materials and for
				photocopies of records supplied by the board are available from the custodian.
				Copies of records may be made by or for members of the public on board
				photocopy machines or from electronic storage systems at cost as determined and
				made available by the custodian. When the mailing of copies of records is
				requested, the actual costs of such mailing may also be charged to the
				requester.
c.
Supervisory
				fee.
An hourly fee may be charged for actual board expenses in
				supervising the examination and copying of requested records when the
				supervision time required is in excess of one hour. The custodian shall provide
				the hourly fees to be charged for supervision of records during examination and
				copying. That hourly fee shall not be in excess of the hourly wage of a board
				clerical employee who ordinarily would be appropriate and suitable to perform
				this supervisory function.
d.
Advance deposits.
(1) When
				the estimated total fee chargeable under this subrule exceeds $25, the
				custodian may require a requester to make an advance payment to cover all or a
				part of the estimated fee.
(2) When
				a requester has previously failed to pay a fee chargeable under this subrule,
				the custodian may require advance payment of the full amount of any estimated
				fee before the custodian processes a new request from that
				requester.