Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 1 - Organization and Operation › Rule 199-1.9 - Public Information and Inspection of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public information.
Any
			 interested person may examine all public records of the board by written
			 request or in person at the board offices. Public records may be examined at
			 the board office only during regular business hours, Monday through Friday from
			 8 a.m. to 4:30 p.m., excluding legal holidays. Public records in docketed
			 matters may be examined at any time using the board's electronic filing system.
			 Unless otherwise provided by law, all public records, other than confidential
			 records, maintained by the board shall be made available for public
			 inspection.
(2)
Definitions.
"Confidential records. "
Records not available
				for public inspection under state law.
"Personally identifiable information. "
Information about or pertaining to an individual, specifically including the
				following unique identifiers when combined with an individual's name: social
				security number or a financial account number (checking, savings, or share
				account number or credit, debit, or charge card number). "Personally
				identifiable information" does not include information pertaining to
				corporations.
"Public records. "
Records of or belonging to
				the board which are necessary to the discharge of its duties.
(3)
Inspection of records.
Rescinded IAB
9121111,
effective 11/1/17.
(4)
Board records routinely available
			 for public inspection.
Rescinded IAB 9/27/17, effective
			 11/1/17.
(5)
Records not
			 routinely available for public inspection.
The following records are
			 not routinely available for public inspection. The records are listed in this
			 subrule by category, according to the statutory basis for withholding them from
			 inspection.
a.
Materials that are
			 specifically exempted from disclosure by statute and which the board may in its
			 discretion withhold from public inspection.
Any person may request
			 permission to inspect particular records withheld from inspection under this
			 subrule. At the time of the request, the board will notify all interested
			 parties. If the request is to review materials under subparagraphs
			 1.9(5)
"a"(l)
and 1.9(5)
"a"(3),
the board will
			 withhold the materials from public inspection for 14 days to allow the party
			 who submitted the materials an opportunity to seek injunctive relief. Records
			 the board is authorized to withhold from public inspection under Iowa law in
			 its discretion include, but are not limited to, the following:
(1) Trade secrets recognized and protected as
			 such by law. Iowa Code section
			 22.7.
(2) Records that represent and constitute the
			 work product of an attorney, which are related to litigation or claim made by
			 or against a public body. Iowa Code section
			 22.7.
(3) Reports made to the board which, if
			 released, would give advantage to competitors and serve no public purpose. Iowa
			 Code section
			 22.7.
(4) Personal information in confidential
			 personnel records of the board. Iowa Code section
			 22.7.
(5) Communications not required by law, rule,
			 or procedure that are made to a government body or to any of its employees by
			 identified persons outside of government, to the extent that the government
			 body receiving those communications could reasonably believe that those persons
			 would be discouraged from making them to the government body if they were
			 available for general public examination. Notwithstanding this provision:
1. The communication is a public record to
			 the extent the person outside of government making that communication consents
			 to its treatment as a public record.
2. Information contained in the communication
			 is a public record to the extent it can be disclosed without directly or
			 indirectly indicating the identity of the person outside of government making
			 it or enabling others to ascertain the identity of that person.
3. Information contained in the communication
			 is a public record to the extent it indicates the date, time, specific
			 location, and immediate facts and circumstances surrounding the occurrence of a
			 crime or other illegal act, except to the extent its disclosure would plainly
			 and seriously jeopardize a continuing investigation or pose a clear and present
			 danger to the safety of any person. In any action challenging the failure of
			 the lawful custodian to disclose any particular information of the kind
			 enumerated in this paragraph, the burden of proof is on the lawful custodian to
			 demonstrate the disclosure of that information would jeopardize such an
			 investigation or would pose such a clear and present danger. Iowa Code section
			 22.7.
(6) Materials exempted from public
			 inspection under any other provisions of law.