Iowa Admin. Code r. 761-4.2

Current through Register Vol. 47, No.14, January 8, 2025

Rule 761-4.2 - [Effective 2/12/2025] Access to records

(1)Submission of request for access.

a. Submit a request for access to a record to the custodian of the record. If the requester does not know the identity of the custodian, the request may be submitted to the records center at the address in subrule 4.1(3). The records center will forward the request to the custodian.

b. Notwithstanding paragraph 4.2(1)"a," any request that may be related to a potential or an actual tort claim or other litigation is to be submitted to: Attorney General's Office, Transportation Section, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. If the custodian receives a request of this nature, the custodian is to forward the request to the Attorney General's Office, Transportation Section.

c. If a request for access is misdirected, department personnel will forward the request to the custodian.

(2)Form of request. A requester shall not be required to give reasons for requesting an open record.

(3)Response to request. The custodian is to provide access to an open record promptly upon request. However, if the size or nature of the request makes prompt access infeasible, the custodian is to fill the request as soon as feasible and give the requester an estimate of when the record will be available.

(4)Delay. Access to a record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian will inform the requester of the reason for the delay and the estimated length of the delay.

(5)Copies. A photocopy of an open record may be made on department photocopiers. If a photocopier is not available in the office where an open record is kept, the custodian may permit the open record's examination in that office and, if requested, arrange to have a copy made elsewhere. Most department records are stored in electronic formats; therefore, if the requested record is electronic, an electronic copy will be provided. If the requester is unable to open and read an electronic copy, or if the record does not exist in electronic form, a hard copy may be provided.

(6)Fees. The department may charge fees for records as authorized by Iowa Code section 22.3 or another provision of law. Under Iowa Code section 22.3, the fee for the copying service, whether electronic or hard copy, is not to exceed the cost of providing the service.

This rule is intended to implement Iowa Code sections 22.2, 22.3, 22.4, 22.8, 22.10 and 22.11.

Iowa Admin. Code r. 761-4.2

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025