Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 2 - Public Records and Fair Information Practices › Rule 781-2.13 - 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. Sealed bids received
					prior to selection for professional services. (Iowa Code section
					72.3
					)
b. Tax records made available to
					the agency. (Iowa Code sections
					422.20
					and
					422.72
					)
c. Records which are exempt from
					disclosure under Iowa Code section
					22.7.
d. Second injury fund records which represent
					and constitute the work of an attorney, which are related to litigation or
					claim made by or against the fund. (Iowa Code section
					22.7(4)
					)
e. Records of unclaimed property examinations
					during the period of examination pursuant to the treasurer's authority to
					examine holders. (Iowa Code section
					556.23
					)
f. Records of identity of owners
					of public bonds or obligations maintained as provided in Iowa Code section
					76.10
					or by the issuer of the public bonds or obligations. However, the issuer of the
					public bonds or obligations and a state or federal agency shall have the right
					of access to the records. (Iowa Code section
					22.7(17)
					)
g. Minutes of closed meetings of a government
					body. (Iowa Code section
					21.5(4)
					)
h. 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. "
i. 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
					)
j. 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.
k. Any other records made confidential by
					law.