Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 2 - Public Records and Fair Information Practices › Rule 561-2.3 - 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 custodian 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
			 Director, Department of Natural Resources, 502 East Ninth Street, Wallace State
			 Office Building, Des Moines, Iowa 50319-0034. 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),
				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 in the case of small requests of five or fewer
			 copies, when the imposition of fees is inequitable, or when a waiver is in the
			 public interest. Charges for examination or copies requested in writing by a
			 person in a capacity as representative of another governmental entity or where
			 copies are provided under provisions of a written agency contract may be
			 waived.
b.
Copying and
			 postage costs.
Anyone making a request for reproduction of the
			 department's records will pay for services at the following rates, in addition
			 to postage and handling as determined by the agency:
(1) Photocopies (direct copies on 8½"
			 x 11", 8½" x 14", or 11" x 17" paper)-40 cents per page.
(2) Paper copy from microfilm records-40
			 cents per page.
(3) The actual
			 reproduction cost will be charged for any blueprint, picture, oral tape or any
			 other work product not subject to photocopying.
(4) Fax-$1 per faxed page.
(5) Computer stored information. Computer
			 stored information is available according to the fee schedule maintained by the
			 administrative services division of the department. The fee schedule shall be
			 available at the following locations: fifth floor record centers, Wallace State
			 Office Building, and on the department's Internet Web site,
http://www.state.ia.us/dnr/administrative
.
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 fee 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.