Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board › Rule 875-70.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Address.
The board's
				mailing address is Department of Workforce Development, Division of Labor
				Services, 150 Des Moines Street, Des Moines, Iowa 50309.
(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.
(3)
Request for access.
Requests for access to open records may be made in writing, in person, by
				facsimile, email, or other electronic means, or by telephone. Requests shall
				identify the particular records sought by name or description in order to
				facilitate the location of the record. Mail, electronic, or telephone requests
				shall include the name, address, and telephone number of the person requesting
				the information to facilitate the board's response. A person shall not be
				required to give a reason for requesting an open record. While agencies are not
				required by Iowa Code chapter 22 to respond to requests for public records that
				are not made in person, the board will respond to such requests as reasonable
				under the circumstances.
(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
				  875-70.4 (22,89A) and other
				  applicable provisions of law.
(5)
Security of record.
No
				person may, without permission from the custodian, search or remove any record
				from board files. Examination and copying of board 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 board's office. If
				photocopy equipment is not available in the board 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.
The board
				may charge fees in connection with the examination or copying of records only
				if the fees are authorized by law. 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 board shall be prominently posted in board offices.
				Copies of records may be made by or for members of the public on board
				photocopy machines or from electronic storage systems at cost as determined and
				posted in board 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 board expenses in
				supervising the examination and copying of requested records when the
				supervision time required is in excess of 15 minutes. The custodian shall
				prominently post in board offices the hourly fees to be charged for supervision
				of records during examination and copying. The hourly fee shall be based upon
				the pay scale of the employee involved and other actual costs incurred. To the
				extent permitted by law, a search fee may be charged at the same rate as and
				under the same conditions as are applicable to supervisory fees.
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 from that requester.