Iowa Admin. Code rr. 641-59.13

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 641-59.13 - [Rescinded effective 6/19/2024] Availability of records

(1)General. Board records are open for public inspection and copying unless otherwise provided by rule or law.

(2)Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.

a. All information in complaint and investigation files maintained by the board, or peer review committee acting under the authorization of the board, for purposes of license discipline is confidential in accordance with Iowa Code section 272C.6(4), except that the information may be released to the licensee once a licensee disciplinary proceeding has been initiated by the filing of formal charges and a notice of hearing.

b. The record of a disciplinary hearing which is closed to the public pursuant to Iowa Code section 272C.6(1) is confidential under Iowa Code section 21.5(4). However, in the event a record is transmitted to the district court pursuant to Iowa Code section 17A. 19(6) for purposes of judicial review, the record shall not be considered confidential unless the district court so orders.

c. Minutes and tape recordings of portions of board meetings held in closed session, pursuant to Iowa Code section 21.5(4).

d. Records which are exempt from disclosure under Iowa Code section 22.7.

e. Identifying details in final orders, decisions, and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)"e."

f. Those portions of board staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by board staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements pursuant to Iowa Code sections 17A.2 and 17A.3 would:

(1) Enable law violators to avoid detection;

(2) Facilitate disregard of requirements imposed by law; or

(3) Give a clearly improper advantage to persons who are in an adverse position to the board.

g. Information in nonlicensee and investigation files maintained by the board which is otherwise exempt from disclosure under Iowa Code section 22.7 or other provision of law.

(3)Authority to release confidential records. The board may have discretion to disclose some confidential records which are exempt from disclosure under Iowa Code section 22.7 or other provision of law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited discretionary disclosure as provided in rule 641-59.4 (17A,22). If the board initially determines that it will release such records, the board may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 59.4(3).

Iowa Admin. Code rr. 641-59.13

ARC 0457C, IAB 11/14/12, effective 12/19/12

Rescinded by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024