Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 2 - Public Records and Fair Information Practices › Rule 751-2.3 - 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 executive director or
			 the particular commission 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
			 executive director at the ICN main office location as listed in 751-subrule
			 1.6(1). If a request for access to a record is misdirected, commission
			 personnel will promptly forward the request to the appropriate person within
			 the commission.
(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 unfeasible. 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 section
				22.8(4)
				 or 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 commission files. Examination and copying of commission 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 commission's office. If
			 photocopy equipment is not available in the commission 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 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
			 commission contract may be waived.
b.
Copying and postage
			 costs.
Anyone making a request for reproduction of the commission's
			 records will prepay for services at the following rates, in addition to actual
			 mailing costs:
(1) Photocopies (direct copies
			 on 8½ " x 11" or 8½" x 14" paper)-50 cents per page. For direct
			 photocopies on 11" x 17" paper-65 cents per page. The fee for photocopies
			 exceeding 11" x 17" will be reviewed and reasonable fees will be provided to
			 the requester upon determination of the commission's ability to
			 photocopy.
(2) Paper copy from
			 microfilm records-50 cents per page.
(3) Microfiche copy from microfilm records-$1
			 per fiche.
(4) The actual
			 reproduction cost will be charged for any blueprint, picture, oral tape or any
			 other work product not subject to photocopying.
(5) Computer-stored information. Tape
			 files-$100 per file, copied only to 9-track tape with standard IBM labels.
			 Three UP gummed mailing labels and 4 UP Cheshire labels, 30 cents per 1000
			 records read, and $10 per 1000 labels written. There will be a $15 charge for
			 information copied on computer diskette. A minimum charge of $15 or actual cost
			 will be assessed, whichever is greater. Electronic copies (8½" x 11",
			 8½" x 14", or 11" x 17") will be provided at no cost. Requests for
			 electronic copies exceeding 11" x 17" will be reviewed and reasonable fees will
			 be provided to the requester upon determination of the commission's ability to
			 transmit and duplicate. Programming time over ten minutes will be charged at
			 the rate of $25 per hour or any portion of an hour.
c.
Supervisory fee.
An
			 hourly fee may be charged for actual commission 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
			 commission 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 a commission 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 ($15 per hour or any portion of one hour) may be charged
			 where appropriate for either paper or electronic copy requests. 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.