Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 7 - Public Records and Fair Information Practices › Rule 501-7.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location
			 of record.
A request for access to a record should be directed to the
			 office where the record is kept. If the location of the record is not known by
			 the requester, the request shall be directed to the Iowa Law Enforcement
			 Academy, P.O. Box 130, Camp Dodge, Johnston, Iowa 50131.
(2)
Office hours.
Open
			 records shall be available during customary office hours, which are 8 a.m. to
			 4:30 p.m. daily, excluding Saturdays, Sundays and legal holidays.
(3)
Request for access.
A
			 request for access to open records may be made in writing, by electronic mail,
			 in person or by telephone. The request shall identify the particular records
			 sought by name or description in order to facilitate the location of the
			 record. Mail or telephone requests shall include the name, address, and
			 telephone number of the person requesting the information. A person shall not
			 be required to give a reason for requesting an open record.
(4)
Response to requests.
Access to an open record shall be provided promptly upon request unless the
			 size or nature of the request makes prompt access infeasible. If the size or
			 nature of the request for access to an open record requires time for
			 compliance, the custodian shall comply with the request as soon as feasible.
			 Access to an open record may be delayed for one of the purposes authorized by
			 Iowa Code section 22.8(4)  or 22.10(4). The custodian shall promptly give notice
			 to the requester of the reason for any delay in access to an open record and an
			 estimate of the length of that delay and, upon request, shall promptly provide
			 that notice to the requester in writing.
The custodian of a record may deny access to the record by
				members of the public only on the grounds that such a denial is warranted under
				Iowa Code sections 22.8(4)  and 22.10(4), or that it is a confidential record,
				or that its disclosure is prohibited by a court order. Access by members of the
				public to a confidential record is limited by law and, therefore, may generally
				be provided only in accordance with the provisions of rule 501-7.6 (17A,22) and
				other applicable provisions of law.
(5)
Security of record.
No
			 person may, without permission from the custodian, search or remove any record
			 from agency files. Examination and copying of agency records shall be
			 supervised by the custodian or a designee of the custodian. Records shall be
			 protected from damage and disorganization.
(6)
Copying.
A reasonable
			 number of copies of an open record may be made in the agency's office. If
			 photocopy equipment is not available in the agency office where an open record
			 is kept, the custodian shall permit its examination in that office and shall
			 arrange to have copies promptly made elsewhere.
(7)
Fees.
a.
When charged.
The agency
			 may charge fees in connection with the examination or copying of records only
			 if the fees are authorized by law. To the extent permitted by applicable
			 provisions of law, the payment of fees may be waived when the imposition of
			 fees is inequitable or when a waiver is in the public interest.
b.
Copying and postage
			 costs.
Price schedules for published materials and for photocopies of
			 records supplied by the agency shall be prominently posted on the agency's
			 website. Copies of records may be made by or for members of the public on
			 agency photocopy machines or from electronic storage systems at cost as
			 determined and posted on the agency's website. When the mailing of copies of
			 records is requested, the actual costs of such mailing may also be charged to
			 the requester.
c.
Search
			 and supervisory fees.
Fees may be charged for actual agency expenses
			 in searching for and supervising the examination and copying of requested
			 records. The custodian shall notify the requester of the hourly fees to be
			 charged for searching for records and supervision of records during examination
			 and copying. That hourly fee shall not be in excess of the hourly wage of an
			 agency employee who ordinarily would be appropriate and suitable to perform
			 these search and supervisory functions.
d.
Advance deposits.
(1) When the estimated total fee chargeable
			 under this subrule exceeds $20, the custodian may require a requester to make
			 an advance payment to cover all or a part of the estimated fee.
(2) When a requester has previously failed to
			 pay a fee chargeable under this subrule, the custodian may require payment of
			 the full amount of any fees previously owed and of any estimated fees for the
			 new request prior to processing any new request from the requester.