Iowa Admin. Code r. 761-4.4

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

Rule 761-4.4 - Access to confidential records

The following provisions are in addition to those specified in rule 761-4.3 (22) and are minimum requirements. A statute or another department 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 department shall not refuse to release the nonconfidential information simply because of the manner in which the record is compiled or stored.

(1)Procedure.

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

(1) Submit the request in writing.

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

(3) Sign a certified statement or affidavit listing the specific reasons justifying access to the record and provide any proof necessary to establish relevant facts.

b. Response to request. The custodian shall notify the requester of approval or denial of the request for access. If the requester indicates to the custodian that a written notice is desired if the request for access is denied, the custodian shall provide such notice promptly. The notice shall be signed by the custodian and include:

(1) The name and title or position of the custodian, 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 custodian may apply to the director of transportation for reconsideration of the request.

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

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

b. To the ombudsman pursuant to Iowa Code section 2C.9.

c. To other governmental officials and employees only as needed to discharge their duties.

d. To those persons as permitted or required by rule 761-4.9 (22).

e. To persons authorized by the subject of the record in accordance with rule 761-4.5 (22).

f. To the public information board pursuant to Iowa Code section 23.6.

(3)Release of confidential records by the director. Rescinded IAB 9/11/19, effective 10/16/19.

(4)Information released. If a person is provided access to less than an entire record, the department shall take measures to ensure that the person is furnished only the information that is to be released. This may be done by providing to the person either an extraction of the information to be released or a copy of the record from which the information not to be released has been deleted.

This rule is intended to implement Iowa Code section 22.11.

Iowa Admin. Code r. 761-4.4

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

Amended by IAB April 12, 2017/Volume XXXIX, Number 21, effective 5/17/2017

Amended by IAB September 11, 2019/Volume XLII, Number 6, effective 10/16/2019