Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.15 - Other Groups of Records

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the agency
				other than record systems as defined in rule 2.1(17A,22). The records listed
				may contain information about individuals. Unless otherwise designated, the
				authority for this office to maintain the record is provided by Iowa Code
				chapter 13, the statutes governing the subject matter of the record, and the
				enabling statutes of the agency client, where applicable. Because this office
				primarily acts as an attorney for the state, its officers, and agencies, almost
				all record categories contain information which is confidential as attorney
				work product or attorney-client communications. Those privileges or other
				provisions of law may render some or all of the following information
				confidential whether or not asserted in the description of the record. All
				records are stored both on paper and in automated data processing systems
				unless otherwise noted.
(1)
Opinions of the attorney general.
Official opinions of the
			 attorney general are available to the public. A card index is maintained by
			 subject and by Iowa Code section. Various legal publications provide citations
			 to these opinions. Formal opinions are published in full every two years in the
			 Report of the Attorney General. Summaries of letter opinions are also
			 published.
(2)
Consumer
			 credit code advice letters.
The attorney general has designated the
			 head of the consumer protection division the administrator of the consumer
			 credit code under Iowa Code chapter 537. The deputy administrator, an attorney
			 in that division, has authority to issue advisory letters interpreting the
			 consumer credit code as provided in Iowa Code section
			 537.6104(1)
"d. "
These advisory
			 letters are stored and indexed by number, name of requester, name of business,
			 and subject or issue. These letters are regularly provided to persons inquiring
			 about similar issues. Copies may be obtained by contacting the Consumer Credit
			 Code Administrator, Attorney General's Office, Second Floor, Hoover State
			 Office Building, Des Moines, Iowa 50319, (515)281-5926.
(3)
Legal research and form
			 files.
Various divisions maintain files on legal issues which may
			 recur. These files include copies of cases and other published materials as
			 well as attorney memoranda, notes, and briefs. Divisions also often maintain
			 form pleadings which may contain attorney notes for use in drafting pleadings,
			 contracts, etc., in future cases. The files contain information which is
			 confidential as attorney work product or attorney-client communications or is
			 confidential under other applicable provisions of law. The compilation of these
			 materials as well as the individual materials may be privileged as attorney
			 work product.
(4)
Collections of documents generated by individual attorneys.
Several divisions maintain a chronological collection of all correspondence,
			 pleadings, briefs, etc., produced by each attorney. Some of this information is
			 confidential as attorney work product or attorney-client communication or by
			 virtue of other applicable law.
(5)
Citizen inquiry and response files.
Many people write this
			 office on a variety of governmental problems or legal issues. The office does
			 not generally provide legal advice to individuals but may provide general
			 information.
(6)
Consumer
			 protection division membership campground licensing files.
Under Iowa
			 Code chapter 557B, membership campground operators must register annually with
			 this office. The applications and correspondence concern the requirements
			 provided in Iowa Code chapter 557B and Iowa Administrative Code 61-Chapter 25.
			 The records, which are retrieved by name of the applicant or registrant, are
			 generally open to the public but may contain attorney work product or
			 confidential communication under Iowa Code sections
			 22.7(3),
			 22.7(4),
			 22.7(6),
			 and
			 22.7(18).
(7)
Consumer protection division
			 trade and vocational schools registration records.
Under Iowa Code
			 sections
			 714.18
			 to
			 714.22,
			 trade and vocational schools register with this office. The files contain
			 information about whether the applicants meet the registration requirements or
			 are exempt. These files are generally open but may contain attorney work
			 product and information which is confidential under Iowa Code sections
			 22.7(3),
			 22.7(4),
			 22.7(6),
			 and
			 22.7(18).
(8)
Title opinions and title vesting
			 certificates.
The environmental division maintains a file on all title
			 opinions and title vesting certificates issued regarding the department of
			 natural resources and certain other departments.
(9)
Administrative records.
This includes documents concerning budget, property inventory, purchasing,
			 yearly reports, office policies for employees, time sheets, printing and supply
			 requisitions.
(10)
Publications.
The office receives a number of books,
			 periodicals, newsletters, government documents, etc. These materials would
			 generally be open to the public but may be protected by copyright law. Most
			 publications of general interest are available in the state law
			 library.
(11)
Office
			 publications.
This office issues a variety of materials including
			 consumer and farm brochures and pamphlets, press releases, statistical reports,
			 Iowa Criminal Law Bulletin, Iowa Criminal Law Handbook and Updates.
(12)
Litigation control
			 dockets.
The office maintains a chronological list of pleadings for
			 each litigation file. These records are generally open to the public.
(13)
Rule-making records.
Official documents executed during the promulgation of agency rules and public
			 comments are available for public inspection.
(14)
Consumer protection division
			 investigative hearing records.
These are records of any hearings which
			 may be held pursuant to Iowa Code section
			 714.16(4)
			  "a. " Records of these hearings are open
			 except to the extent that they may constitute work product.
(15)
Office manuals.
Information in office manuals such as the Consumer Division Complaint
			 Assignment Book may be confidential under Iowa Code section
			 17A.2(7)
''f"
or other applicable
			 provision of law.
(16)
Records concerning charitable trusts.
Under Iowa Code section
			 633.303
			 this office may exercise oversight functions over charitable trusts. These
			 files concern such matters as litigation to which the state or this office is a
			 party, review and approval of annual reports, requests for orders regarding
			 trust administration, and correspondence with trust attorneys, trustees, or
			 otherwise. Some of this information is confidential as attorney work product.
			 Litigation records are further discussed in subrule 2.14(2).
(17)
All other records.
Records are open if not exempted from disclosure by law.