reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.7 - Scope of Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise limited by order of the presiding officer for
				discovery in accordance with these rules, the scope of discovery is as
				follows:
(1)
In
			 general.
The commission may obtain discovery regarding any matter, not
			 privileged, which is relevant to the subject matter involved in the pending
			 investigation, whether it relates to the claim or defense of any party,
			 including the existence, description, nature, custody, condition and location
			 of any books, documents, or other tangible things and the identity and location
			 of persons having knowledge of any discoverable matter It is not grounds for
			 objection that the information sought will be inadmissible at a trial or
			 contested case hearing if the information sought appears reasonably calculated
			 to lead to the discovery of admissible evidence.
(2)
Supplementation of responses.
			 A
party who has responded to a commission request for discovery is
			 under a duty to supplement or amend the response to include information
			 thereafter acquired as follows:
a. A party is
			 under a duty seasonably to supplement the response with respect to any question
			 directly addressed to:
(1) The identity and
			 location of persons having knowledge of discoverable matters; and
(2) Any matter that bears materially upon a
			 claim or defense asserted by any party.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.8 - Protective Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon motion
			 by a party or by the person from whom discovery is sought or by any person who
			 may be affected thereby, and for good cause shown, the presiding officer for
			 discovery:
a. May make any order which justice
			 requires to protect a party or other person from annoyance, embarrassment,
			 oppression, or undue burden or expense, including one or more of the following:
(1) That the discovery not be had;
(2) That the discovery may be had only on
			 specified terms and conditions, including a designation of the time or
			 place;
(3) That the discovery may
			 be had only by a method of discovery other than that selected by the
			 commission;
(4) That certain
			 matters not be inquired into, or that the scope of the discovery be limited to
			 certain matters;
(5) That discovery
			 be conducted with no one present except persons designated by the presiding
			 officer for discovery;
(6) That a
			 deposition after being sealed be opened only by order of a court, a commission
			 contested case presiding officer, or the presiding officer for
			 discovery;
(7) That a trade secret
			 or other confidential research, development, or commercial information not be
			 disclosed or be disclosed only in a designated way;
(8) That the parties simultaneously file
			 specified documents or information enclosed in sealed envelopes to be opened as
			 directed by the presiding officer for discovery.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.11 - Effect of Admission

Current through Register Vol. 47, No. 3, July 24, 2024
Any matter admitted under rule
				161-9.10
				(216) is conclusively established in all proceedings relating to the pending
				complaint unless the court or contested case administrative law judge on motion
				permits withdrawal or amendment of the admission. The court or contested case
				administrative law judge may permit withdrawal or amendment when the
				presentation of the merits of the action will be subserved thereby and the
				commission or the party opposing the motion fails to satisfy the court or
				contested case administrative law judge that withdrawal or amendment will
				prejudice the commission in maintaining the commission's action on the
				merits.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.12 - Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may serve on any party a request:
(1) To produce and permit the commission, or
			 someone acting on the commission's behalf, to inspect and copy any designated
			 documents (including writings, drawings, graphs, charts, photographs, and other
			 data compilations from which information can be obtained, translated, if
			 necessary, by the party upon whom the request is served through detection
			 devices into reasonably usable form), or to inspect and copy, test, or sample
			 any tangible things which constitute or contain matters within the scope of
			 rule
			 161-9.7 (216)
			 and which are in the possession, custody or control of the party upon whom the
			 request is served; or
(2) Except as
			 otherwise provided by statute, to permit entry upon designated land or other
			 property in the possession or control of the party upon whom the request is
			 served for the purpose of inspection and measuring, surveying, photographing,
			 testing, or sampling the property or any designated object or operation
			 thereon, within the scope of rule
			 161-9.7
			 (216).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.13 - Procedures for Documents and Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
The request shall set forth the items to be inspected either by
				individual item or by category and describe each item and category with
				reasonable particularity. The request shall specify a reasonable time, place,
				and manner of making the inspection and performing the related acts.
The party upon whom the request is served shall serve a written
				response within 30 days after the service of the request. The presiding officer
				for discovery may allow a shorter or longer time. The response shall state,
				with respect to each item or category, that inspection and related activities
				will be permitted as requested, unless the request is objected to, in which
				event the reasons for objection shall be stated. If objection is made to part
				of an item or category, the part shall be specified.
The commission may move for an order under rule
				161-9.16
				(216) with respect to any objection to or other failure to respond to the
				request or any part thereof, or any failure to permit inspection as
				requested.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.14 - Physical and Mental Examination of Persons

Current through Register Vol. 47, No. 3, July 24, 2024
When the mental or physical condition (including the blood
				group) of a party, or of a person in the custody or under the legal control of
				a party, is in controversy, the presiding officer for discovery may order the
				party to submit to a physical or mental examination by a health care
				practitioner or to produce for examination the person in the party's custody or
				legal control. The order may be made only on motion of the commission for good
				cause shown and upon notice to the person to be examined and to all parties and
				shall specify the time, place, manner, conditions, and scope of the examination
				and the person or persons by whom it is to be made.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.15 - Report of Health Care Practitioner

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 If requested by the party against whom an order is made under rule
			 161-9.14
			 (216) or the person examined, the commission shall deliver a copy of the
			 examiner's detailed written report setting out the findings, including results
			 of all tests made, diagnosis and conclusions, together with like reports of all
			 earlier examinations of the same condition. After delivery, if requested by the
			 commission, the party against whom the order is made shall deliver a like
			 report of any examination of the same condition, previously or thereafter made,
			 unless the party shows an inability to obtain a report of examination of a
			 nonparty. The presiding officer for discovery on motion may order a party or
			 the commission to deliver a report on such terms as are just. If an examiner
			 fails or refuses to make a report, a court or administrative law judge hearing
			 a case based on the complaint at issue may exclude the examiner's
			 testimony.
(2) By requesting and
			 obtaining a report of the examination so ordered, the party examined waives any
			 privilege the party may have in that action or any other proceeding involving
			 the same controversy, regarding the testimony of every other person who has
			 examined or may thereafter examine the party in respect of the same mental or
			 physical condition.
(3) This rule
			 applies to examination made by agreement, unless the agreement expressly
			 provides otherwise.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.17 - Depositions Upon Oral Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When depositions may he taken.
The commission may take a
			 deposition in an investigation of a complaint of housing discrimination at any
			 time during the pendency of that investigation.
(2)
Recording.
The
			 administrative law judge charged with the duty of determining probable cause
			 under Iowa Code subsection
			 216.15(3)
			  may order that the testimony at such an
			 investigative deposition be recorded by other than stenographic means, in which
			 event the order shall designate the manner of recording the deposition, and may
			 include other provisions to ensure that the recorded testimony will be accurate
			 and trustworthy. If the order is made, the party from whom discovery is sought
			 or the deponent may nevertheless arrange to have a stenographic transcription
			 made at that party's or deponent's own expense. An order of the administrative
			 law judge is not required to record testimony by nonstenographic means if the
			 deposition is also to be recorded stenographically.
(3)
Place of deposition.
a. Oral depositions may be taken only within
			 this state.
b. If the deponent is a
			 party or the officer, partner or managing agent of a party which is not a
			 natural person, the deponent shall be required to submit to examination in Polk
			 County, unless otherwise ordered by the presiding officer for
			 discovery.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.18 - Notice for Oral Deposition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Whenever the commission desires to take the deposition of any person upon oral
			 examination, the commission shall give reasonable notice in writing to the
			 deponent and any party who is to be deposed. The notice shall state the time
			 and place for taking the deposition and the name and address of each person to
			 be examined, if known, and, if the name is not known, a general description
			 sufficient to identify the person or the particular class or group to which the
			 person belongs.
(2) If a subpoena
			 duces tecum is to be served on the person to be examined, the designation of
			 the materials to be produced as set forth in the subpoena shall be attached to
			 or included in the notice.
(3) The
			 notice to a party deponent may be accompanied by a request made in compliance
			 with rules
			 161-9.12
			 (216) and
			 161-9.13
			 (216) for the production of documents and tangible things at the taking of
			 deposition. The procedure of rule
			 161-9.13
			 (216) shall apply to the request.
(4) No subpoena is necessary to require the
			 appearance of a party for a deposition. Service on the party or the party's
			 attorney of record of notice of the taking of a deposition of the party or of
			 an officer, partner or managing agent of any party who is not a natural person,
			 as provided in 9.18(1), is sufficient to require the appearance of a deponent
			 for the deposition.
(5) A notice or
			 subpoena may name as the deponent a public or private corporation or a
			 partnership or association or governmental agency and describe with reasonable
			 particularity the matters on which examination is requested. In that event, the
			 organization so named shall designate one or more officers, directors, or
			 managing agents, or other persons who consent to testify on its behalf, and may
			 set forth, for each person designated, the matters on which the witness will
			 testify. A subpoena shall advise a nonparty organization of its duty to make
			 such a designation. The persons so designated shall testify as to matters known
			 or reasonably available to the organization. This subrule does not preclude
			 taking a deposition by any other procedure authorized in these rules.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.19 - Conduct of Oral Deposition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Examination; recording examination; administering the oath;
			 objections.
Examination of witnesses by the commission may proceed as
			 permitted at the hearing. The commission investigator or other officer before
			 whom the deposition is to be taken shall put the witness under oath and shall
			 personally, or by someone acting under the investigator or officer's direction
			 and in the investigator or officer's presence, record the testimony of the
			 witness. The testimony shall be taken stenographic ally or recorded by any
			 other means ordered in accordance with subrule 9.17(2). All objections made at
			 the time of the examination to the qualifications of the investigator or other
			 officer taking the deposition, or to the manner of taking it, or to the
			 evidence presented, or to the conduct of any party, and any other objection to
			 the proceedings, shall be noted by the investigator or officer upon the
			 deposition. Evidence objected to shall be taken subject to the
			 objections.
(2)
Motion to
			 terminate or limit examination.
At any time during the taking of the
			 deposition, on motion of the party being deposed or other deponent and upon a
			 showing that the examination is being conducted in bad faith or in such manner
			 as unreasonably to annoy, embarrass, or oppress the deponent or party, the
			 presiding officer for discovery may order the commission to cease forthwith
			 from taking the deposition, or may limit the scope and manner of the taking of
			 the deposition as provided in rule
			 161-9.8 (216).
			 If the order made terminates the examination, it shall be resumed thereafter
			 only upon the order of the presiding officer for discovery. Upon demand of the
			 objecting party or deponent, the taking of the deposition shall be suspended
			 for the time necessary to make a motion for an order
If the motion is granted, the presiding officer for discovery
				shall, after opportunity for hearing, require the commission to pay to the
				moving party the reasonable expenses incurred in obtaining the order, including
				attorneys' fees, unless the presiding officer for discovery finds that the
				opposition to the motion was substantially justified or that other
				circumstances make an award of expenses unjust.
If the motion is denied, the presiding officer for discovery
				shall, after opportunity for hearing, require the moving party or the attorney
				advising the motion or both of them to pay to the commission the reasonable
				expenses incurred in opposing the motion, including attorneys' fees, unless the
				presiding officer for discovery finds that the making of the motion was
				substantially justified or that other circumstances make an award of expenses
				unjust.
If the motion is granted in part and denied in part, the
				presiding officer for discovery may apportion in a just manner the reasonable
				expenses incurred in relation to the motion.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.20 - Reading and Signing Depositions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Where reading or signing not required.
No oral deposition
			 reported and transcribed by an official court reporter or certified shorthand
			 reporter of Iowa need be submitted to, read or signed by the
			 deponent.
(2)
Submission to
			 witness; changes; signing.
In other cases, if and when the testimony
			 is fully transcribed, the deposition shall be submitted to the witness for
			 examination and shall be read to or by the witness, unless such examination and
			 reading are waived by the witness. Any changes in form or substance which the
			 witness desires to make shall be entered upon the deposition by the officer
			 with a statement of the reasons given by the witness for making them. The
			 deposition shall then be signed by the witness, unless the witness is ill or
			 dead or cannot be found or refuses to sign. If the deposition is not signed by
			 the witness within 30 days of its submission, the investigator or officer shall
			 sign it and state on the record the fact of the waiver or of the illness,
			 death, or absence of the witness or the fact of the refusal to sign together
			 with the reason, if any, given therefor The deposition may then be used as
			 fully as though signed unless on a motion to suppress the tribunal hearing the
			 motion holds that the reason given for the refusal to sign requires rejection
			 of the deposition in whole or in part.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.21 - Certification and Return; Copies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the deposition is transcribed, the investigator or other officer shall
			 certify on the deposition that the witness was duly sworn and that the
			 deposition is a true record of the testimony given by the witness. Documents
			 and things produced for inspection during the deposition shall, upon the
			 request of the investigator, be marked for identification and annexed to the
			 deposition, except that:
a. The person
			 producing the materials may substitute copies to be marked for identification,
			 if the investigator is provided fair opportunity to verify the copies by
			 comparison with the originals;
b.
			 If the person producing the materials requests their return, the investigator
			 shall mark, copy, and, at some time prior to the completion of the
			 investigation, return them to the person producing them. The materials may then
			 be used in the same manner as if annexed to the deposition.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.22 - Before Whom Taken

Current through Register Vol. 47, No. 3, July 24, 2024
The officer taking the deposition shall not be a party, a
				person financially interested in the action, an attorney or employee of any
				party, an employee of any such attorney, or any person related within the
				fourth degree of consanguinity or affinity to a party, a party's attorney, or
				an employee of either of any party.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.23 - Deposition Subpoena

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 commission may issue subpoenas for persons named in and described in a notice
			 to take depositions under rule
			 161-9.18
			 (216). Subpoenas may also be issued as provided by statute or by rule
			 161-3.14
			 (216).
(2) No resident of Iowa
			 shall be subpoenaed to attend a deposition out of the county where the deponent
			 resides, or is employed, or transacts business in person.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.25 - Irregularities and Objections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
All objections to any notice of taking any depositions
			 are waived unless promptly served in writing upon the commission.
(2)
Officer.
Objection to
			 the commission investigator or other officer's qualification to take a
			 deposition is waived unless made before such taking begins, or as soon
			 thereafter as objector knows it or could discover it with reasonable
			 diligence.
(3)
Taking
			 depositions.
Errors or irregularities occurring during an oral
			 deposition as to any conduct or manner of taking it, or the oath, or the form
			 of any question or answer, and any other errors which might thereupon have been
			 cured, obviated or removed, are waived unless seasonably objected to during the
			 deposition.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.26 - Service of Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Service of documents pertaining to discovery procedures
				described in this chapter, other than subpoenas, may be accomplished by the
				same means as in rule
				161-4.6
				(17A).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.27 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Appeals from an imposition of sanctions by the presiding
				officer for discovery under rule
				161-9.16
				(216) are filed and processed in the same manner as appeals under rule
				161-4.23
				(17A). Appeals from other decisions rendered by the presiding officer for
				discovery are filed and processed in the same manner as appeals under rule
				161-4.25
				(17A).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.28 - Representation of Commission

Current through Register Vol. 47, No. 3, July 24, 2024
At all discovery hearings, motions, and appeals, including
				those proceedings before the presiding officer for discovery, the commission
				may be represented by a member of the attorney general's
				office.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Appendix A - Form 1

Current through Register Vol. 47, No. 3, July 24, 2024
Request for Assistance Animal as a Reasonable Accommodation in
				Housing: Health Care Professional Form
Requester's Name:
				__________________________________________________________________
Address:
				__________________________________________________________________________
Telephone: _____________________ E-mail:
				__________________________
I, ________________________________, intend to request that
				_______________________________ permit me to keep an assistance animal as a
				reasonable accommodation in housing for my disability. In connection with that
				application, I am requesting that you complete this form regarding my
				disability.
_______________________________________________
Requester's Signature
____________________________
Date
TO BE COMPLETED BY HEAL TH CARE
				PROFESSIONAL
1. Does the individual identified above have a
				disability?
[] Yes [] No
2. If yes, is the need for an assistance animal related to that
				disability? For example, does or would an assistance animal alleviate one or
				more of the symptoms or effects of the disability?
[] Yes [] No
By signing below , the undersigned health care
				professional/licensee certifies that he/she 1) has met with the patient or
				client in person or by telemedicine, 2) is sufficiently familiar with the
				patient or client and the disability , and 3) is legally and professionally
				qualified to make the finding. Health Care Provider's Name (printed):
				________________________________________
Signature:
				________________________________________________________
Date: _______________________
References: Iowa Code sections
				216.8B
				and
				216.8C
Resources:
https://icrc.iowa.gov/
, 515-281-4121,
				1-800-457-4416
This document may contain privileged and confidential
				information and/or protected health information intended solely for the use by
				the recipient housing provider. Please exercise care to avoid
				dissemination.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 10 - Discrimination in Public Accommodations › Rule 161-10.2 - Discrimination Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall be discriminated against on the basis of race,
				creed, color, sex, sexual orientation, gender identity, national origin,
				religion or disability by any public accommodation by:
(1) Providing any disposition, service,
			 financial aid, or benefit to an individual which is different, or is provided
			 in a different manner, from that provided to other members of the general
			 public, except to reasonably accommodate a member of the protected classes who
			 otherwise might be totally precluded from receiving a benefit, access to, or
			 participation in a program.
(2)
			 Subjecting any individual to segregation or separate treatment in any matter
			 related to that individual's receipt of any disposition, service, financial
			 aid, or benefit provided to other members of the general public.
(3) Restricting an individual in any way in
			 the enjoyment of any advantage or privilege enjoyed by others receiving any
			 disposition, service, financial aid, or benefit provided to other members of
			 the general public.
(4) Treating an
			 individual differently from others in determining whether that individual
			 satisfies any admission, enrollment, quota, eligibility, membership, or other
			 requirement or condition which individuals must meet in order to be provided
			 any disposition, service, financial aid, function, or benefit available to
			 other members of the general public.
(5) Denying an individual an opportunity to
			 participate in a program through the provision of service or otherwise afford
			 that individual an opportunity to do so which is different from that afforded
			 to other members of the general public.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
means the Iowa civil rights
				commission.
"Confidential record"
means a record which is
				not available as a matter of right for examination and copying by members of
				the public under applicable provisions of law. Confidential records include
				records or information contained in records that the agency is prohibited by
				law from making available for examination by members of the public, and records
				or information contained in records that are specified as confidential by Iowa
				Code section
				22.7, or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian "
means the executive director, or
				a person lawfully delegated authority by the executive director to act for the
				agency in implementing Iowa Code chapter 22.
"Open record"
means a record other than a
				confidential record.
"Personally identifiable information "
means
				information about or pertaining to an individual in a record which identifies
				the individual and which is contained in a record system.
"Record"
means the whole or a part of a
				"public record" as defined in Iowa Code section
				22.1.
"Record system "
means any group of records
				under the control of the agency from which a record may be retrieved by a
				personal identifier such as the name of an individual, number, symbol, or other
				unique retriever assigned to an individual.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements Iowa Code section
				22.11
				and chapter 216 by establishing agency policies and procedures for the
				maintenance of records. The purpose of this chapter is to facilitate public
				access to open records. It also seeks to facilitate sound agency determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. This agency is committed to the policies
				set forth in Iowa Code chapter 22; agency staff shall cooperate with members of
				the public in implementing the provisions of that chapter
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law may authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule
				161-11.3
				(17A,22,216).
(1)
Proof of
			 identity.
A person requesting access to a confidential record may be
			 required to provide proof of identity or authority to secure access to the
			 record.
(2)
Requests.
The custodian may require that a request to examine
			 and copy a confidential record be in writing. A person requesting access to
			 such a record may be required to sign a certified statement or affidavit
			 enumerating the specific reasons justifying access to the confidential record
			 and to provide any proof necessary to establish relevant facts.
(3)
Notice to subject of record and
			 opportunity to obtain injunction.
After the custodian receives a
			 request for access to a confidential record, and before the custodian releases
			 such a record, the custodian may make reasonable efforts to notify promptly any
			 person who is a subject of that record, is identified in that record, and whose
			 address or telephone number is contained in that record. To the extent such a
			 delay is practicable and in the public interest, the custodian may give the
			 subject of such a confidential record to whom notification is transmitted a
			 reasonable opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specific period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester If the requester indicates to the custodian
			 that a written notification of the denial is desired, the custodian shall
			 promptly provide such a notification that is signed by the custodian and that
			 includes:
a. The name and title or position
			 of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any agency proceeding.
				Requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the custodian. The request
				to review a written statement must be dated and signed by requester, and shall
				include the current address and telephone number of the requester or the
				requester's representative.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed and, where applicable,
				the time period during which the record may be disclosed. The person who is the
				subject of the record and, where applicable, the person to whom the record is
				to be disclosed, may be required to provide proof of identity. Additional
				requirements may be necessary for special classes of records. Appearance of
				counsel on behalf of a person who is the subject of a confidential record is
				deemed to constitute consent for the agency to disclose records about that
				person to the person's attorney.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency requests a person to supply information about
				that person, the agency shall notify the person of the use that will be made of
				the information, which persons outside the agency might routinely be provided
				this information, which parts of the requested information are required and
				which are optional, and the consequences of a failure to provide the
				information requested. This notice may be given in these rules, on the written
				form used to collect the information, on a separate fact sheet or letter, in
				brochures, in formal agreements, in contracts, in handbooks, in manuals,
				verbally, or by other appropriate means. Notice need not be given in connection
				with discovery requests in litigation or administrative proceedings, subpoenas,
				investigations of possible violations of law, or similar demands for
				information.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, may generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule
			 161-11.10
			 (17A,22,216) or in any notice for a particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record; provided that the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if any authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section
			 2A.3.
f. To the citizens' aide/ombudsman under Iowa
			 Code section
			 2C.9.
g. Disclosures in the course of employee
			 disciplinary proceedings.
h. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses may be considered routine uses of all agency records:
a. Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may upon request of any officer or
			 employee, or on the custodian's initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
c. Disclosure to
			 the agency or officer which this office is advising or representing in the
			 matter in question or to the department of inspections and appeals for matters
			 in which it is performing services or functions on behalf of the
			 agency.
d. Transfers of information
			 within the agency, to other state agencies, or to local units of government as
			 appropriate to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or for purposes of
			 determining whether the agency is operating a program lawfully.
f.Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
			 subject individual.
The subject may consent in writing to agency
			 disclosure of confidential records as provided in rule
			 161-11.7
			 (17A,22,216).
(2)
Complaints to public officials. A
letter from a subject of a
			 confidential record to a public official which seeks the official's
			 intervention on behalf of the subject in a matter that involves the agency may
			 to the extent permitted by law be treated as an authorization to release
			 sufficient information about the subject to the official to resolve the
			 matter
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.12 - 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. The office also has
			 possession of records which may be open records but which are copies of
			 materials from another agency, which have been filed in judicial or
			 administrative proceedings, or which are available in the state law library.
			 This office will often refer persons to the originating agency, the clerk of
			 the appropriate court, or the law library for those records. This is consistent
			 with the functions of those entities, ensures that the requester get a clean
			 official copy of the record, and protects the integrity of attorney files
			 against unintended disclosures of confidential information.
(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,
			 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 section
			 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 section 17A. 3
			 (1) "J. "
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
			 investigations, 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. (Iowa Code sections
			 17A.2,
			 17A.3,
			 216.15
			)
f.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,
			 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.
g. Records collected
			 or generated by Iowa civil rights commission staff or commissioners relating to
			 any step in the civil rights complaint process which contain personally
			 identifiable information.
h. Any
			 other records made confidential by law. (Iowa Code section
			 216.15
			)
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.14 - 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
				161-11.1
				(17A,22,216). 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 216, the statutes governing the subject
				matter of the record. Those privileges 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)
Administrative records.
This includes documents concerning
			 budget, property inventory, purchasing, yearly reports, office policies for
			 employees, time sheets, printing and supply requisitions.
(2)
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.
(3)
Office publications.
This office issues a variety of materials
			 including press releases, statistical reports, Iowa civil rights commission
			 case reports and annual reports.
(4)
Rule-making records.
Official documents executed during the promulgation of agency rules and public
			 comments are available for public inspection.
(5)
Office manuals.
Information in office manuals such as the investigator handbook are available
			 for public inspection.
(6)
All other records.
Records are open if not exempted from
			 disclosure by law.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the regulations of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled in
			 reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable constitutional principles, statutes, rules of discovery,
			 evidentiary privileges, and applicable regulations.
6. Make available to the general public
			 records which would otherwise not be available under Iowa Code section
			 216.15(4).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 11 - Public Records and Fair Information Practices › Rule 161-11.17 - Access to File Information

Current through Register Vol. 47, No. 3, July 24, 2024
The disclosure of information whether a change has been filed
				or not, or revealing the contents of any file is prohibited except in the
				following circumstances:
(1) If a
			 final decision per 161-subrule 2.1(10) has been reached, a party or a party's
			 attorney may, upon showing that a petition appealing the commission action has
			 been filed, have access to the commission's case file on that
			 complaint.
(2) If a case has been
			 approved for public hearing and the notice of hearing has been issued, any
			 party or party's attorney may have access to file information through
			 prehearing discovery measures provided in
			 161-4.6
			 (216). In addition, file information may be sought pursuant to Iowa Code
			 subsection
			 17A.13(2).
(3) If a decision rendered by the commission
			 in a contested case has been appealed, any party or party's attorney may, upon
			 showing that the decision has been appealed, have access to the commission's
			 case file on that complaint.
The fact that copies of documents related or gathered during an
				investigation of a complaint are introduced as evidence during the course of a
				contested case proceeding does not affect the confidential status of all other
				documents within the file which are not introduced as evidence.
(4) If the commission has issued a
			 right-to-sue letter per 161-subrule 3.10(3), a party or party's attorney may
			 have access to the commission's case file on that complaint.
(5) Only upon written notification, from an
			 attorney or a party, that the attorney represents that party may the attorney
			 then obtain access to the commission case file on the same terms as that
			 party.