Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 80 - Public Records and Fair Information Practices › Rule 661-80.3 - 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 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 Public Information Bureau, Department of
			 Public Safety, State Public Safety Headquarters Building, 215 East 7th Street,
			 Des Moines, Iowa 50319.
(2)
Office hours.
Open records shall be made available during
			 customary office hours, which are 8 a.m. to 4:30 p.m. daily, excluding
			 Saturdays, Sundays, and legal holidays.
(3)
Request for access.
A
			 request for access to open records may be made in writing, by electronic mail,
			 in person, or by telephone. The request 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 shall also provide to the requester an estimate of any
			 fees which will be assessed to cover the costs of complying with the
			 request.
(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 departmental office. If
			 photocopy equipment is not available in the departmental office where an open
			 record is kept, the custodian shall permit its examination in that office or a
			 nearby location and shall arrange to have copies promptly made elsewhere. An
			 electronic copy may be provided if mutually agreeable to the custodian and the
			 requester.
(7)
Fees.
a.
When
			 charged.
The agency 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 agency shall be prominently posted in
			 agency offices. Copies of records may be made by or for members of the public
			 on agency photocopy machines or from electronic storage systems at cost as
			 determined and posted in agency 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.
Search and supervisory fees.
Fees may be charged for actual
			 agency expenses in searching for and supervising the examination and copying of
			 requested records. The custodian shall notify the requester of the hourly fees
			 to be charged for searching for records and supervision of records during
			 examination and copying. That hourly fee shall not be in excess of the hourly
			 wage of an agency employee who ordinarily would be appropriate and suitable to
			 perform these search and supervisory functions.
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 payment of
			 the full amount of any fees previously owed and of any estimated fees for the
			 new request prior to processing any new request from the requester.