Iowa Admin. Code r. 191-2.5

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

Rule 191-2.5 - Access to confidential records

(1)Procedure. The following provisions are in addition to those specified in rule 191-2.4 (17A,22) and are minimum requirements. A statute or another administrative rule may impose additional requirements for access to certain classes of confidential records. A confidential record may, due to its nature or the way it is compiled or stored, contain a mixture of confidential and nonconfidential information. The division shall not refuse to release the nonconfidential information simply because of the manner in which the record is compiled or stored.

a.Form of request. The division shall ensure that there is sufficient information to provide reasonable assurance that access to a confidential record may be granted. Therefore, the division may require the requester to:

(1) Submit the request in writing.

(2) Provide proof of identity and authority to secure access to the record.

b.Response to request. The division must notify the requester of approval or denial of the request for access. The notice must include:

(1) The name and title or position of the person responding on behalf of the division; and

(2) A brief statement of the grounds for denial, including a citation to the applicable statute or other provision of law.

c.Reconsideration of denial. A requester whose request is denied by the division may apply to the commissioner of insurance for reconsideration of the request.

(2)Release of confidential records by the division. The division may release a confidential record or a portion of it to:

a. The legislative services agency pursuant to Iowa Code section 2A.3.

b. The ombudsman pursuant to Iowa Code section 2C.9.

c. Other governmental officials and employees only as needed to enable them to discharge their duties.

d. The public information board pursuant to Iowa Code section 23.6.

Iowa Admin. Code r. 191-2.5

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

Amended by IAB March 10, 2021/Volume XLIII, Number 19, effective 4/14/2021

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