Iowa Administrative Code › Agency 187 - Banking Division › Chapter 7 - Public Records and Fair Information Practices › Rule 187-7.13 - 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. Tax records made
			 available to the agency (Iowa Code sections
			 422.20
			 and
			 422.72
			).
b. Records which are exempt from
			 disclosure under Iowa Code section
			 22.7.
c. Minutes of closed meetings of a government
			 body (Iowa Code subsection
			 21.5(4)
			 ) .
d. Identifying details in 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. "
e. 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 negotiating commercial arrangements, 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; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency (Iowa Code sections
			 17A.2 and
			 17A.3
			).
f. All papers,
			 documents, reports (including shareholder lists furnished to the superintendent
			 pursuant to Iowa Code section
			 524.541
			), reports of examinations and other writings relating specifically to the
			 supervision and regulation of any state bank or other person by the
			 superintendent pursuant to the laws of this state (Iowa Code section
			 524.215
			).
g. Reports of examinations
			 conducted by the superintendent and reports of examination received by or
			 furnished to the superintendent pursuant to Iowa Code section
			 524.217.
h. All information obtained by examiners and
			 described in Iowa Code section
			 524.212.
i. All applications, reports, materials,
			 documents, information and other writings obtained from the Federal Deposit
			 Insurance Corporation, Federal Reserve Bank, Comptroller of the Currency or any
			 agency of the United States government which would cause the denial of services
			 or information to the agency. (Iowa Code section
			 22.9;
			 the Privacy Act of 1974 (
			 5
			 U.S.C. 552 a) and Part 310 of the Federal
			 Deposit Insurance Corporation Rules and Regulations ( 12 CFR 310).)
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.
k. Any other information made confidential by
			 law.