Iowa Administrative Code › Agency 61 - Attorney General › Chapter 2 - Public Records and Fair Information Practices › Rule 61-2.3 - 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 attorney general or
			 the particular agency 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
			 Attorney General, 1300 E. Walnut, Second Floor, Hoover State Office Building,
			 Des Moines, Iowa 50319. If a request for access to a record is misdirected,
			 agency personnel will promptly forward the request to the appropriate person
			 within the agency.
(2)
Office hours.
Open records shall be made available during all
			 customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday,
			 except legal holidays.
(3)
Request for access.
Requests for access to open records may be
			 made in writing or in person. The office may also accommodate telephone
			 requests where appropriate. Requests 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 2.4(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.
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
			 in agency offices. 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 in agency offices by the custodian. When the mailing
			 of copies of records is requested, the actual costs of such mailing may also be
			 charged to the requester.
c.
Supervisory fee.
An hourly fee may be charged for actual
			 agency expenses in supervising the examination and copying of requested records
			 when the supervision time required is in excess of one-half hour. The custodian
			 shall prominently post in agency offices the hourly fees to be charged for
			 supervision of records during examination and copying. That hourly fee shall
			 not be in excess of the hourly wage of an agency clerical employee who
			 ordinarily would be appropriate and suitable to perform this supervisory
			 function.
d.
Search
			 fees.
If the request requires research or if the record or records
			 cannot reasonably be readily retrieved by the office, the requester will be
			 advised of this fact. Reasonable search fees may be charged where appropriate.
			 In addition, all costs for retrieval and copying of information stored in
			 electronic storage systems may be charged to the requester.
e.
Advance deposits.
(1) When the estimated total fee chargeable
			 under this subrule exceeds $25, 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 advance
			 payment of the full amount of any estimated fee before the custodian processes
			 a new request from that requester.