Iowa Admin. Code r. 191-2.3

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

Rule 191-2.3 - General provisions

(1)Entities holding division records covered by this rule. This rule applies to records belonging to, required by, or created by the division, as well as records held by third parties, including other state agencies, that do any of the following:

a. Perform division functions on behalf of the division;

b. Store records for the division;

c. Perform services for the division; or

d. Otherwise handle records that would be governed by this rule if they were in the possession of the division.

(2)Existing records. A request for access shall apply only to records that exist at the time the request is made and access is provided. The division is not required to create, compile or procure a record solely for the purpose of making it available except as described in Iowa Code section 22.3A and subrule 2.4(5).

(3)Public records. All of the division's records are open records available to the public except for records that are confidential under rule 191-2.12 (17A,22) or redactable under rule 191-2.11 (17A,22).

(4)Availability of open records. Open records of the division are available to the public for examination and copying unless otherwise provided by state or federal law, regulation or rule.

(5)Office hours. Open records are available for inspection during customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

(6)Scope. This chapter does not:

a. Require the division to index or retrieve records that contain information about individuals by that person's name or other personal identifier.

b. Make available to the general public records that would otherwise not be available under the public records law, Iowa Code chapter 22.

c. Govern the maintenance or disclosure of, notification of or access to records in the possession of the division that are governed by the regulations of another agency.

d. Apply to grantees, including local governments or subdivisions thereof, administering state-funded programs.

e. Make available records compiled in reasonable anticipation of court litigation or formal administrative proceedings.

f. Make any warranty of the accuracy or completeness of a record.

Iowa Admin. Code r. 191-2.3

Amended by IAB November 20, 2019/Volume XLII, Number 11, effective 12/25/2019

Adopted by IAB March 20, 2024/Volume XLVI, Number 19, effective 4/24/2024