Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 14 - Public Information and Inspection of Records › Rule 657-14.5 - Requests for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The custodian may treat a record as a confidential record and
				withhold it from examination only to the extent that the custodian is
				authorized, by Iowa Code section
				22.7, another
				applicable provision of law, or a court order, to refuse to disclose that
				record to members of the public.
(1)
Persons who may request.
Any person who would be aggrieved or
			 adversely affected by disclosure of a record, and who identifies a provision of
			 law or court order that authorizes the treatment of the record as a
			 confidential record, may request that the custodian treat the record as such
			 and withhold it from public inspection.
(2)
Request.
A request that
			 a record be treated as a confidential record shall be in writing and shall be
			 filed with the custodian. The request shall set forth the legal and factual
			 basis justifying such confidential record treatment for that record, and the
			 name, address, and telephone number of the person authorized to respond to any
			 inquiry or action of the custodian concerning the request. A person requesting
			 treatment of a record as a confidential record shall also be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 the treatment of that record as a confidential record and to provide any proof
			 necessary to establish relevant facts. Requests for treatment of a record as a
			 confidential record for a limited time period shall also specify the precise
			 period of time for which that treatment is requested.
A person filing a request for treatment of a record or a
				portion of a record as a confidential record shall, if possible, accompany the
				request with a copy of that record from which those portions for which
				confidential record treatment is being requested have been deleted. If the
				original record is being submitted to the board by the person requesting
				confidential treatment at the time the request is filed, the person shall
				conspicuously indicate on the original record that all or portions of the
				record are confidential.
(3)
Failure to request.
Failure of a person to request confidential record treatment for a record does
			 not preclude the custodian from treating it as a confidential record. However,
			 if a person who submits business information to the board does not request that
			 it be withheld from public inspection under Iowa Code section
			 22.7(3)
			  or
			 22.7(6),
			 the custodian may assume that the person has no objection to disclosure of the
			 record to members of the public.
(4)
Timing of decision.
A
			 decision by the custodian with respect to disclosure of a record to members of
			 the public may be made when a request for its treatment as a confidential
			 record is filed or upon receipt of a request for access to the record by a
			 member of the public.
(5)
Request granted or deferred.
If a request for confidential
			 record treatment is granted or if action on a request is deferred, a copy of
			 the record from which the matter in question has been deleted and a copy of the
			 decision to grant or defer action on the request will be made available for
			 public inspection in lieu of the original record. If the custodian subsequently
			 receives a request for access to the original record, the custodian will make
			 reasonable and timely efforts to notify any person who has filed a request for
			 its treatment as a confidential record of the pendency of that subsequent
			 request.
(6)
Request denied
			 and opportunity to seek injunction.
If the custodian denies a request
			 to treat a record as confidential and to withhold it from public inspection,
			 the custodian shall notify the requester in writing of the denial and the
			 reasons for the denial. If the requester asks, the custodian may delay allowing
			 examination of the record if the delay is reasonable and in good faith, to
			 permit the requester to seek a court order under the provisions of Iowa Code
			 section
			 22.8
			 or other applicable provision of law prohibiting public inspection of the
			 record. The custodian shall notify the requester in writing of the deadline for
			 obtaining such a court order. The custodian may continue to delay allowing
			 public inspection only if no request for examination of the record has been
			 received, if the court directs the custodian not to allow public inspection of
			 the record, or to the extent permitted by another applicable provision of law
			 and with the consent of the party requesting access. However, the custodian
			 shall not withhold the record from public inspection for any period of time if
			 the custodian determines the requester has no reasonable grounds to justify
			 treatment of the record as confidential.