reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.5 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall acknowledge a petition upon receipt. The
				department shall ensure that, within 30 days of the receipt of the petition,
				notice of the pendency of the petition and a concise summary of its contents
				have been provided to all persons to whom notice is required by any provision
				of law. In addition, the department may give notice to other persons.
To accomplish this notice provision, the department may require
				the petitioner to serve the notice on all persons to whom notice is required by
				any provision of law and provide a written statement to the department
				attesting that notice has been provided.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.6 - Department Responsibilities Regarding Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Additional information.
Prior to issuing an order granting or
			 denying a waiver, the department may request additional information from the
			 petitioner relative to the petition and surrounding circumstances. If the
			 petition was not filed in a contested case, the director may, on the director's
			 own motion or at the petitioner's request, schedule a telephonic or in-person
			 meeting between the petitioner and the director or the director's
			 designee.
(2)
Hearing
			 procedures.
The provisions of Iowa Code sections 17A.10to 17A.18A
			 regarding contested case hearings shall apply in three situations:
(I) to any petition for a waiver filed within
			 a contested case; (2) when the director so provides by rule or order; or (3)
			 when a statute so requires.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.7 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the provisions of Iowa Code section
				17A.3(1)
				 "e, " the department shall maintain a record
				of all orders granting or denying waivers under this chapter All final rulings
				in response to requests for waivers shall be indexed and available to members
				of the public at the Department for the Blind, 524 Fourth Street, Des Moines,
				Iowa 50309-2364.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.8 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				is based are not true or if material facts have been withheld. The director may
				at any time cancel a waiver upon appropriate notice if the director finds that
				the facts as stated in the request are not true, material facts have been
				withheld, the alternative means of compliance provided in the waiver have
				failed to achieve the objectives of the statute, or the requester has failed to
				comply with the conditions of the order
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.9 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				equivalent of violation of the particular rule for which the waiver is granted
				and is subject to the same remedies or penalties.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.10 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the director issues an order granting a waiver, the order
				is a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency "
in these rules means the department
				for the blind.
"Authorization for release of information "
means the form prescribed by the agency for the purpose of authorizing the
				release of a confidential record, signed and dated by the person empowered to
				release the information.
"Case record"
means the file of personally
				identifiable or confidential information on a client, collected pursuant to the
				provisions of the Rehabilitation Act of 1973.
"Client"
means an individual who is applying
				for or who has applied for, or who is receiving or has received, benefits or
				services under any agency program.
"Confidential record"
in these rules means a
				record which is notavailable 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 "
in these rules means the agency,
				or a person lawfully delegated authority by the agency to act for the agency in
				implementing Iowa Code chapter 22.
"Open record"
in these rules means a record
				other than a confidential record.
"Personally identifiable information "
in
				these rules means information about or pertaining to an individual in a record
				which identifies the individual and which is contained in a record
				system.
"Record"
in these rules means the whole or
				part of a "public record," as defined in Iowa Code section
				22.1, that is owned
				by or in the physical possession of this agency.
"Record system "
in these rules 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 otherunique retriever assigned to an individual.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad 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 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.4 - 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 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 13.3(17A,22).
(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 a request to examine and copy a confidential record to 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 the 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 the requester
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.6 - 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 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.7 - Authorization for Release of Information by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record may consent to agency
				disclosure to a third party of that portion of a record concerning the subject
				by completing an "Authorization for release of information" form. The consent
				must identify the record or records that may be disclosed; the person, or class
				of persons, to whom the record or records may be disclosed; and, if applicable,
				the time period during which the record may be disclosed. The agency may
				require the subject of the record and the person to whom the record is to be
				disclosed to provide proof of identity.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency requests provision of information by a client
				or any other person, the agency shall inform the person of the
				following:
1. The authority under
			 which the information is collected;
2. The principal purposes for which the
			 information will be used or released;
3. What persons outside the agency might
			 routinely have access to the information;
4. Which parts of the requested information
			 are required and which are optional, and the consequences of failing to provide
			 the information requested; and
5.
			 The situations in which completing an "Authorization for release of
			 information" form is or is not required before releasing information.
(1) Persons who are unable to communicate in
			 English or who rely on special modes of communication shall be provided
			 explanations through methods they can understand.
(2) This information shall be provided to
			 each client for agency services as a part of the application process.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
Open records are routinely disclosed without the consent of the
				subject. To the extent allowed by law, disclosure of confidential records may
				occur without the consent of the subject. Lawful disclosure will generally
				occur without notice:
1. For routine
			 use as defined in rule 13.10(17A,22) or in the notice for a particular record
			 system;
2. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely for statistical purposes in an audit or evaluation, or in research which
			 is directly connected with the administration of the agency's programs;
			 provided that the record is used only for the purposes provided; is released
			 only to individuals officially connected with the audit, evaluation or
			 research; is not released to the subject of the record; is managed in a manner
			 which safeguards confidentiality; and does not appear in a final product in a
			 form which would reveal personally identifiable information;
3. 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 an authorized representative of the
			 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;
4. When
			 necessary to protect the subject of the record or others when the subject poses
			 a threat to safety;
5. To the
			 legislative services agency under Iowa Code section
			 2A.3;
6. In the course of employee disciplinary
			 proceedings; or
7. In response to a
			 court order or subpoena.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"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 statutes other than the public records law, Iowa Code chapter
				22.
To the extent allowed by law, the following uses are considered
				routine uses of all agency records:
1.
			 Disclosure to commissioners or staff members who have a need for the record in
			 the performance of their duties. The custodian of the record may upon request
			 of any commissioner or employee, or on the custodian's own initiative,
			 determine what constitutes legitimate need to use a confidential
			 record;
2. 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;
3. Disclosure to the department of
			 inspections and appeals, or to other impartial hearing officers appointed by
			 the director pursuant to these rules, for matters in which services or
			 functions are being performed on behalf of the agency;
4. Transfers of information within the
			 agency, to other state or federal agencies, or to local units of government as
			 appropriate to administer the program for which the information is
			 collected;
5. Release of
			 information to staff of federal and state entities for audit purposes or for
			 purposes of determining whether the agency is operating a program lawfully;
			 or
6. Any disclosure specifically
			 authorized by the statute under which the record was collected or
			 maintained.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of a record may complete the
			 agency Authorization for Release of Information form, consenting in writing to
			 agency disclosure of confidential records as provided in rule
			 13.7(17A,22).
(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
(3)
			 Obtaining information from a third party. In order to obtain medical or
			 psychological records or other information needed to determine program
			 eligibility or to provide services, the agency may be required to make requests
			 for information to third parties which may involve the release of personally
			 identifiable and confidential information about the subject of a record. Except
			 as provided in rule I3.9(I7A,22), the agency may do so only when an
			 Authorization for Release of Information form has been properly executed by the
			 subject of the record.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
The subject of a confidential record, or the representative of
				the subject of a confidential record, may file a written request to review
				confidential records about that person. The agency shall make all information
				in the case record accessible to the subject or the subject's representative in
				a timely manner, except:
1. The
			 identity of a person providing information to the agency when the information
			 is authorized to be held confidential pursuant to Iowa Code section
			 22.7(18);
2. The work product of an attorney;
			 and
3. Investigative reports of
			 peace officers, except as required pursuant to Iowa Code section
			 22.7(5).
(1) Medical or psychological information
			 which the staff believes may be harmful to the subject of a case record shall
			 not be released directly to the individual, but must be provided through a
			 representative, a physician, psychiatrist, or a certified substance abuse
			 counselor, as appropriate.
(2) If a
			 record has multiple subjects with interest in the confidentiality of the
			 record, the agency may take reasonable steps to protect confidential
			 information relating to another subject.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.14 - Automated Data Processing Capabilities

Current through Register Vol. 47, No. 3, July 24, 2024
All records are stored on paper and not in automated data
				processing systems unless otherwise noted. Data processing systems used by the
				agency do not permit the comparison of personally identifiable information in
				one record system with personally identifiable information in another record
				system, unless specifically noted.
Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 13 - Public Records and Fair Information Practices › Rule 111-13.15 - 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 beavailable
			 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 records of grantees which
			 administer state-funded programs, nor to individual vendors licensed by the
			 agency pursuant to the federal Randolph-Sheppard Act; or
5. Make available to the public, records
			 compiled by the agency 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 legal and constitutional principles, statutes,
			 rules of discovery, evidentiary privileges, and applicable regulations of the
			 agency.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 1 - Office Organization › Rule 129-1.1 - Creation and Mission

Current through Register Vol. 47, No. 3, July 24, 2024
The office of the chief information officer is established in
				  Iowa Code chapter 8B. The office leads, directs, manages, coordinates, and
				  provides accountability for the information technology resources of state
				  government and coordinates statewide broadband availability and access.
The mission of the office is to provide high-quality,
				  customer-focused information technology services and business solutions to
				  government and to the citizens of the state of Iowa.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 1 - Office Organization › Rule 129-1.2 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
The office's primary headquarters is located in the Hoover
				  State Office Building, Level B, 1305 East Walnut Street, Des Moines, Iowa
				  50319; telephone (515)281-5503. Office hours are 8 a.m. to 4:30 p.m., Monday
				  through Friday, excluding holidays. The office's Web site, available at
				  www.ocio.iowa.gov, provides information about the office's organization and
				  services.
(1) The information security
				office is located in the Hoover State Office Building, Level B-South, 1305 East
				Walnut Street, Des Moines, Iowa 50319; telephone (515)281-5503. Office hours
				are 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
(2) The infrastructure services division is
				located in the Hoover State Office Building, Level B-South, 1305 East Walnut
				Street, Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8
				a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
(3) The business services division is located
				in the Hoover State Office Building, Level B-South, 1305 East Walnut Street,
				Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8 a.m. to
				4:30 p.m., Monday through Friday, excluding holidays.
(4) The enterprise applications division is
				located in the Hoover State Office Building, Level B-South, 1305 East Walnut
				Street, Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8
				a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
(5) The application development division is
				located in the Hoover State Office Building, Level B-South, 1305 East Walnut
				Street, Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8
				a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
(6) The project management office is located
				in the Hoover State Office Building, Level B-South, 1305 East Walnut Street,
				Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8 a.m. to
				4:30 p.m., Monday through Friday, excluding holidays.
(7) The agency services division is located
				in the Hoover State Office Building, Level B-South, 1305 East Walnut Street,
				Des Moines, Iowa 50319; telephone (515)281-5503. Office hours are 8 a.m. to
				4:30 p.m., Monday through Friday, excluding holidays.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 1 - Office Organization › Rule 129-1.3 - Office Head

Current through Register Vol. 47, No. 3, July 24, 2024
The head of the office is the state chief information
				  officer, who is appointed by the governor with the approval of two-thirds of
				  the members of the senate. The CIO serves at the pleasure of the
				  governor.
The CIO has the statutory authority to designate an employee
				  of the office to carry out the powers and duties of the CIO in the absence of
				  the CIO or due to the inability of the CIO to do so.
Specific powers and duties of the office, the CIO, and the
				  office's employees and agents are set forth in Iowa Code chapters 8B and 17A
				  and these administrative rules.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 1 - Office Organization › Rule 129-1.4 - Administration of Office

Current through Register Vol. 47, No. 3, July 24, 2024
In order to carry out the functions of the office, the
				  following enterprises and divisions have been established:
(1)
CIO's office.
The CIO is
				the head of the office. The CIO's central administration area provides support
				to the CIO and to the governmental and business operations of the office and
				its enterprises. The following functions are included in this area: general
				counsel; strategic, performance and business continuity planning; program
				oversight and accountability; and departmental and enterprise policy and
				standards development.
(2)
Information security office.
The information security office
				is responsible for developing, implementing and maintaining information
				security policies, standards, and practices for state government that enhance
				the confidentiality, integrity and availability of computer systems and
				electronic data resources and for ensuring enter prisewide compliance with
				security requirements. This office includes the state chief information
				security officer.
(3)
Infrastructure services.
The infrastructure services division
				is responsible for infrastructure technology management and operations support
				throughout state government, including the management and administration of
				information technology (IT) assets such as data centers, servers, mainframes,
				networks, storage, desktops, mobile devices, and related infrastructure
				components.
(4)
Business
				services.
The business services division is responsible for
				procurement, contracting, vendor management, financial management, brokerage
				services, and related business support activities of the office.
(5)
Enterprise applications.
The enterprise applications division is responsible for support, configuration,
				and customization of commercial off-the-shelf applications,
				software-as-a-service applications, geospatial services, enterprise content
				management services, and related vendor business applications used throughout
				state government.
(6)
Application development.
The application development division
				is responsible for software application, development, maintenance, and training
				and for providing advice and assistance in developing and supporting business
				applications throughout state government.
(7)
Project management.
The
				project management office is responsible for the oversight, coordination, and
				tracking of IT projects throughout state government.
(8)
Agency services.
The
				agency services division is responsible for customer IT service management
				throughout state government, including IT financial planning and budget
				support, customer liaison services, agency IT strategic planning, advisory
				services related to IT expenditures, and related services.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 1 - Office Organization › Rule 129-1.5 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless specified elsewhere:
"Chief information officer"
or
"CIO"
means the state chief information officer.
"Office"
or
"OCIO"
means the
				  office of the chief information officer authorized by Iowa Code chapter
				  8B.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Chief information officer"
or
"CIO
				  "
means the state chief information officer.
"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 office 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 office, the CIO, or
				  another person lawfully delegated authority by the office to act for the office
				  in implementing Iowa Code chapter 22.
"Office"
or
"OCIO,"
unless
				  the context otherwise requires, means the office of the chief information
				  officer authorized by Iowa Code chapter 8B.
"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, that is owned
				  by or in the physical possession of the office.
"Record system"
means any group of records
				  under the control of the office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				  access to open records. It also seeks to facilitate sound determinations by the
				  office with respect to the handling of confidential records and the
				  implementation of the Iowa fair information practices Act. This office is
				  committed to the policies set forth in Iowa Code chapter 22; office staff shall
				  cooperate with members of the public in implementing the provisions of that
				  chapter.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.4 - 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 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 129-2.3 (8B,17A,22).
(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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.6 - 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. The
				  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 such a record or the written statement of such a record of additions,
				  dissents, or objections must be dated and signed by the requester and shall
				  include the current address and telephone number of the requester or the
				  requester's representative.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.7 - 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, 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 before the office on behalf of a person who is the subject of a
				  confidential record is deemed to constitute consent for the office to disclose
				  records about that person to the person's attorney.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.8 - 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, will generally occur without notice
				to the subject:
a. For a routine use as
				defined in rule 129-2.9 (8B, 17A,22) or in the notice for a particular record
				system.
b. To a recipient who has
				provided the office 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 an authorized representative of such
				government agency or instrumentality has submitted a written request to the
				office 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.
f. Disclosures in the course
				of employee disciplinary proceedings.
g. In response to a court order or
				subpoena.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "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 are considered routine uses of all office records:
a. Disclosure to those officers, employees,
				and agents of the office 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 own initiative, determine what constitutes a
				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 department of inspections and appeals for matters in which it is performing
				services or functions on behalf of the office.
d. Transfers of information within the
				office, 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 office is operating a program lawfully.
f. Any disclosure specifically authorized by
				the statute under which the record was collected or maintained.
g. Disclosure to the public and news media of
				pleadings, motions, orders, final decisions, and informal settlements filed in
				contested case proceedings before the office.
h. Transmittal to the district court of the
				record in a contested case before the office, pursuant to Iowa Code section
				17A.19(6),
				regardless of whether the hearing was open or closed.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.10 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclosure by a
				subject individual.
To the extent permitted by law, the subject may
				consent in writing to the office's disclosure of confidential records as
				provided in rule 129-2.7 (8B,17A,22).
(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 office 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 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.11 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				subject of a confidential record may file a written request to review
				confidential records about that person as provided in rule 129-2.6 (8B,17A,22).
				However, the office need not release the following records to the subject:
a. The identity of a person providing
				information to the office need not be disclosed directly or indirectly to the
				subject of the information when the information is authorized to be held
				confidential pursuant to Iowa Code section
				22.7(18)
				 or other provision of law.
b. Records need not be disclosed to the
				subject when they are the work product of an attorney or are otherwise
				privileged.
c. Peace officers'
				investigative reports may be withheld from the subject, except as required by
				the Iowa Code.
d. As otherwise
				authorized by law.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.15 - Data Processing Systems Comparison

Current through Register Vol. 47, No. 3, July 24, 2024
Some of the data processing systems used by the office permit
				  the comparison of personally identifiable information in one record system with
				  personally identifiable information in another record system.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the office to index or retrieve
				records which contain information about individuals by a 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 office 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 by the
				office 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 legal and constitutional principles, statutes, rules of
				discovery, evidentiary privileges, and applicable regulations of the
				office.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 2 - Public Records and Fair Information Practices › Rule 129-2.17 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
When the office requests a person to supply information about
				  that person, the office shall notify the person of the use that will be made of
				  the information, which persons outside the office 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.