Iowa Admin. Code r. 761-4.3

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

Rule 761-4.3 - Access to records

(1)Submission of request for access.

a. A request for access to a record shall be submitted 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"a" of this subrule, any request that may be related to a potential or an actual tort claim or other litigation shall be submitted to: General Counsel, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. If the custodian receives a request of this nature, the custodian shall forward the request to the department's general counsel.

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

(2)Office hours. Open records are available during customary office hours, which are 8 a.m. to 4:30 p.m., excluding Saturdays, Sundays, and legal holidays.

(3)Form of request. A request for access to a record shall reasonably describe the record requested. A request for access to an open record may be made in person, in writing, by telephone, or by electronic means. A requester shall not be required to give reasons for requesting an open record.

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

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

(6)Security of records. No person may, without permission from the custodian, search agency files or remove any record copy from the place where it is made available. The custodian shall supervise the examination and copying of records and protect the records from damage and disorganization. Original paper records shall be released from department custody only upon court order. The custodian shall place at least one certified copy in the file if the original record is released.

(7)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 shall permit its 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 will be provided.

(8)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, shall not 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. 761-4.3

Amended by IAB July 8, 2015/Volume XXXVIII, Number 01, effective 8/12/2015

Amended by IAB February 10, 2021/Volume XLIII, Number 17, effective 3/17/2021