Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 19 - Public Records and Fair Information Practices › Rule 17-19.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Agency records are open for public inspection
			 and copying unless otherwise provided by rule or law.
(2)
Confidential records.
The following records may be withheld from public inspection. Records are
			 listed by category, according to the legal basis for withholding them from
			 public inspection.
a. Sealed bids received
			 prior to the time set for public opening of bids, Iowa Code section
			 72.3.
b. Tax records made available to the agency
			 under Iowa Code sections
			 422.20
			 and
			 422.72.
c. Any other record made confidential by
			 law.
d. Records which are part of
			 the long-term care resident's advocate/ombudsman complaint system under Iowa
			 Code section
			 231.43.
e. Any records which are client information
			 for the Senior Community Service Employment Program. Pursuant to authority
			 provided in Iowa Code section
			 231.51,
			 the department administers the SCSEP program, a federally funded employment
			 program. Federal law requires that personal information about participants be
			 kept confidential under 20 CFR 674.203b-3(1985). The department has determined
			 that the U.S. Department of Labor would not provide funding for the SCSEP
			 program unless the confidentiality of participants is maintained. In order,
			 therefore, to prevent the denial of these funds, the information will be kept
			 confidential and any requirements to the contrary in Iowa Code chapter 22 must
			 be waived as provided in Iowa Code section
			 22.9.
f. Records which are exempt from disclosure
			 under Iowa Code section
			 22.7.
g. Minutes of closed meetings of a government
			 body, Iowa Code section
			 21.5(4).
h. Identifying details of final orders,
			 decisions and opinions to the extent required to prevent a clearly unwarranted
			 invasion of personal privacy or trade secrets under Iowa Code section
			 17A.3(1)
"d. "
i. Those portions of agency staff manuals,
			 instructions or other statements issued which set forth criteria or guidelines
			 to be used by agency staff in auditing, in making inspections, in settling
			 commercial disputes or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law;
(3)
			 Give a clearly improper advantage to persons who are in an adverse position to
			 the agency, as indicated in Iowa Code sections
			 17A.2 and
			 17A.3.
j. Records which constitute
			 attorney work product, attorney-client communications, or which are otherwise
			 privileged. Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10
			 and
			 622.11, Iowa
			 R.C.P 122(c), Fed. R. Civ. P 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code sections
			 622.10
			 and
			 622.11, the rules
			 of evidence, the Code of Professional Responsibility, and case law.