Iowa Admin. Code r. 161-11.17

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 161-11.17 - Access to file information

The disclosure of information whether a change has been filed or not, or revealing the contents of any file is prohibited except in the following circumstances:

(1) If a final decision per 161-subrule 2.1(10) has been reached, a party or a party's attorney may, upon showing that a petition appealing the commission action has been filed, have access to the commission's case file on that complaint.

(2) If a case has been approved for public hearing and the notice of hearing has been issued, any party or party's attorney may have access to file information through prehearing discovery measures provided in 161-4.6 (216). In addition, file information may be sought pursuant to Iowa Code subsection 17A.13(2).

(3) If a decision rendered by the commission in a contested case has been appealed, any party or party's attorney may, upon showing that the decision has been appealed, have access to the commission's case file on that complaint.

The fact that copies of documents related or gathered during an investigation of a complaint are introduced as evidence during the course of a contested case proceeding does not affect the confidential status of all other documents within the file which are not introduced as evidence.

(4) If the commission has issued a right-to-sue letter per 161-subrule 3.10(3), a party or party's attorney may have access to the commission's case file on that complaint.

(5) Only upon written notification, from an attorney or a party, that the attorney represents that party may the attorney then obtain access to the commission case file on the same terms as that party.

Iowa Admin. Code r. 161-11.17