Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.12 - 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.
(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. Personal related
			 information in confidential personnel records of board staff and board members.
			 (Iowa Code section
			 22.7(11)
			)
b. All information in complaint
			 and investigation files maintained by the board for purposes of licensee
			 discipline is confidential in accordance with Iowa Code section
			 272C.6(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 or those files the board can provide to the licensee before
			 charges are filed pursuant to rules adopted under Iowa Code section
			 546.10(9).
			 Unlicensed complaint files are open to the public.
c. The record of a disciplinary hearing which
			 is closed to the public pursuant to Iowa Code section
			 272C.6(1)
			  is confidential under Iowa Code section
			 21.5(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. Unlicensed
			 hearing files are open to the public.
d. 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. (Iowa Code
			 sections
			 542.17,
			 542B.32,
			 543B.52,
			 544A.27,
			 and
			 544B.8)
e. Information relating to the contents of an
			 examination for licensure. (Iowa Code sections
			 542.17,
			 542B.32,
			 543B.52,
			 544A.27,
			 and
			 544B.8)
f. Minutes and tapes of closed meetings of
			 the board. (Iowa Code section
			 21.5(4)
			)
g. Information or records
			 received from a restricted source and any other information or records made
			 confidential by law, such as academic transcripts or substance abuse treatment
			 information.
h. References for
			 examination or licensure applicants. (Iowa Code section
			 22.7(18)
			)
i. Records which constitute
			 attorney work products or attorney-client communications or which are otherwise
			 privileged pursuant to Iowa Code section
			 22.7,
			 272C.6(4),
			 622.10
			 or
			 622.11, state and
			 federal rules of evidence or procedure, the Code of Professional
			 Responsibility, and case law.
j.
			 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. "
k. Those
			 portions of agency staff manuals, instructions or other statements issued which
			 set forth the criteria or guidelines to be used by agency staff in auditing,
			 making inspections, or in selecting or handling 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. (Iowa Code sections
			 17A.2 and
			 17A.3
			)
l. E-mail addresses of
			 licensees when solicited for the purpose of mass communication. An e-mail
			 address may be open to the public when given as part of a specific, individual
			 e-mail correspondence.