Iowa Admin. Code r. 281-5.1

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 281-5.1 - Exceptions and additions

(1)Definition of "agency." In lieu of the words "(official or body issuing these rules)" in uniform rule X.1, insert "department of education".

(2)Request for access to record. In subrule X.3(1), replace the paragraph with "Requests for access to records of the Iowa department of education are to be directed to the Grimes State Office Building, Des Moines, Iowa 50319-0146, regardless of where those records are located."

(3)Office hours. In lieu of the words "(insert customary office hours and, if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)" in subrule X.3(2), insert "8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal holidays".

(4)Fees. In paragraph X.3(7)"c," in lieu of the words "(specify time period)", insert "one hour". The fee will be $60 per hour.

(5)Procedure by which additions, dissents, or objections may be entered into certain records. In rule X.6, in lieu of the words "(designate office)", insert "the office of the director of the agency".

(6)Consent to disclosure by the subject of a confidential record. In rule X.7, add the following paragraphs:

X.7(1) A letter from a subject of a confidential record to a public official who seeks the official's intervention on behalf of the subject in a matter that involves the agency may to the extent permitted by law be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

X.7(2) The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 281-5.6 (22,256). However, the agency need not release records to the subject in the following circumstances:

a. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law.

b. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.

c. Peace officers' investigative reports may be withheld from the subject, except as provided by the Iowa Code. (See Iowa Code section 22.7(5).)

d. As otherwise authorized by law.

X.7(3) Where a record has multiple subjects with interest in the confidentiality of the record, the agency may take reasonable steps to protect confidential information relating to another subject.

Iowa Admin. Code r. 281-5.1

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024