Iowa Administrative Code › Agency 621 - Public Employment Relations Board › Chapter 12 - Public Records and Fair Information Practices (Uniform Rules) › Rule 621-12.3 - 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 Chair, Public
			 Employment Relations Board, 510 East 12th Street, Suite IB, Des Moines, Iowa
			 50319.
(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, excluding
			 legal holidays.
(3)
Request
			 for access.
Requests for access to open records may be made in writing
			 or in person. Requests shall identify the particular records sought by name or
			 description in order to facilitate the location of the record. Mail, email or
			 telephone requests shall include the name, address, email 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 agency 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 621-12.4 (17A,20,22) 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.
(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.
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 by the custodian, based upon the actual costs of the copying. 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. The 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
			 allowable 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.