Iowa Administrative Code › Agency 223 - Historical Division › Chapter 3 - Public Records and Fair Information Practices › Rule 223-3.3 - Request 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 from the
			 state archives shall be directed to the State Archivist, Historical Division,
			 Department of Cultural Affairs, 600 East Locust, Des Moines, Iowa 50319. If the
			 location of the record is not known by the requester, the request shall be
			 directed to the State Archivist, Historical Division, Department of Cultural
			 Affairs, 600 East Locust, Des Moines, Iowa 50319. If a request for access to a
			 record is misdirected, state archives personnel shall promptly forward the
			 request to the appropriate person within the state archives.
(2)
Office hours.
Open
			 records from the state archives of Iowa shall be available for inspection
			 during posted weekday hours of the society's public reading room in Des Moines.
			 Records may be available for inspection in the society's public reading room in
			 Des Moines during posted hours on a Saturday if a request is placed by 12 noon
			 on the preceding Friday.
(3)
Request for access.
Requests for access to open records from
			 the state archives may be made in writing, in person, electronically, or by
			 telephone. Requests shall identify the particular records sought by name or
			 description in order to facilitate location of the record. Mail, E-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 from the state archives.
(4)
Response to requests.
Access to an open record from the state archives 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
			 from the state archives requires time for compliance, the custodian shall
			 comply with the request as soon as feasible. Access to an open record from the
			 state archives 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 lunited by law and,
				therefore, may generally be provided only in accordance with the provisions of
				223-3.4(17A,22) and other applicable provisions of the law.
(5)
Security of record.
No
			 person may, without permission from the custodian, search or remove any record
			 from the state archives. Examination of agency records shall be supervised by
			 the custodian or a designee of the custodian. The requester shall protect the
			 records from damage and disorganization. Copying of agency records shall be
			 performed by the custodian or a designee of the custodian.
(6)
Copying.
A reasonable
			 number of copies of an open record may be made by the state archives for the
			 reqeuester unless reproduction is inappropriate due to the physical condition
			 of the record or other physical considerations. The custodian shall assess the
			 physical condition of the record and any relevant legal considerations to
			 determine whether or not it can be photocopied. If the physical condition of
			 the record makes reproduction by photocopy inappropriate, alternative methods
			 of reproduction shall be proposed. If photocopy equipment is not available in
			 the state archives where an open record is kept, the custodian shall arrange to
			 have copies promptly made elsewhere.
(7)
Fees.
a.
When charged.
The state
			 archives may charge fees in connection with the examination or copying of
			 records from the state archives only if the fees are authorized by law. To the
			 extent permitted by applicable provisions of the 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 state archives shall be prominently
			 posted in the society's public reading rooms. Copies of records may be made by
			 the state archives for members of the public on society photocopy machines or
			 from electronic storage systems at cost as determined and posted in the
			 society's public reading rooms by the custodian. When the mailing of copies of
			 records from the state archives is requested, the costs of such mailing may
			 also be charged to the requester
c.
Supervisory fee.
An hourly fee may be charged for state
			 archives expenses in retrieving and preparing records for examination,
			 supervising the examination, and preparing copies of requested records when the
			 time required is in excess of one-half hour The custodian shall prominently
			 post in the society's public reading rooms the hourly fees to be charged for
			 supervision of records during examination and for copying. The hourly fee for
			 retrieval and preparation of records for examination shall not be in excess of
			 the hourly wage of the employee who performs this function.
d.
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 for that requester