Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Board 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. All information in
			 complaint and investigation files maintained by the board, or peer review
			 committee acting under the authorization of the board, for purposes of licensee
			 discipline is confidential in accordance with Iowa Code section
			 272C6(4).,
			 except that the information may be released to the licensee once a licensee
			 disciplinary proceeding has been initiated by the filing of formal charges and
			 a notice of hearing.
b. The record
			 of a disciplinary hearing which is closed to the public pursuant to Iowa Code
			 section
			 272C6(1).
			 is confidential under Iowa Code section
			 215(4).. However,
			 in the event a record is transmitted to the district court pursuant to Iowa
			 Code section 17A. 19(6) for purposes of judicial review, the record shall not
			 be considered confidential unless the district court so orders.
c. Criminal history or prior misconduct of an
			 applicant for licensure, pursuant to Iowa Code section
			 14721(1)..
d. Information relating to the contents of an
			 examination for licensure, pursuant to Iowa Code section
			 14721(2)..
e. Information relating to the examination
			 results other than final score except for information about the results of an
			 examination which is given to the person who took the examination pursuant to
			 Iowa Code section
			 1472(3)..
f. Minutes and tape recordings of portions of
			 board meetings held in closed sessions, pursuant to Iowa Code section
			 215(4)..
g. Records which are exempt from disclosure
			 under Iowa Code section
			 227..
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
			 17A3(1).
"d."
i. Those
			 portions of board staff manuals, instructions or other statements issued which
			 set forth criteria or guidelines to be used by board 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 board. (All under Iowa Code
			 sections
			 17A2. and
			 17A3.
			)
j. Information in
			 nonlicensee and investigation files maintained by the board which are otherwise
			 exempt from disclosure under Iowa Code section
			 227. or other
			 provisions of the law.
k. Records
			 made confidential under any other provision of law.