(1)
Location of record. A
request for access to a record should be directed to the Iowa civil rights
commission or the particular agency office where the record is kept. The
request shall be directed to the Iowa Civil Rights Commission, Grimes State
Office Building, 400 E. 14th Street, Des Moines, Iowa 50319-1004. If a request
for access to a record is misdirected, agency personnel will promptly forward
the request to the appropriate person within the agency.
(2)
Office hours. Open
records shall be made available during all customary office hours, which are 8
a.m. to 4:30 p.m., Monday through Friday, except legal holidays.
(3)
Request for access.
Requests for access to open records may be made in writing or in person. The
office may also accommodate telephone requests where appropriate. Requests
shall identify the particular records sought by name or description in order to
facilitate the location of the record. Mail or telephone requests shall include
the name, address, and telephone number of the person requesting the
information. A person shall not be required to give a reason for requesting an
open record.
(4)
Response
to requests. Access to an
open record shall be provided promptly upon
request unless the size or nature of the request makes prompt access
infeasible. If the size or nature of the request for access to an
open record
requires time for compliance, the
custodian shall comply with the request as
soon as feasible. Access to an
open record may be delayed for one of the
purposes authorized by Iowa Code section
22.8(4)
or
22.10(4).
The
custodian shall promptly give notice to the requester of the reason for any
delay in access to an
open record and an estimate of the length of that delay
and, upon request, shall promptly provide that notice to the requester in
writing.
The custodian of a record may deny access to the record by
members of the public only on the grounds that such a denial is warranted under
Iowa Code sections
22.8(4)
and 22.10(4), or that it is a confidential
record, or that its disclosure is prohibited by a court order. Access by
members of the public to a confidential record is limited by law and,
therefore, may generally be provided only in accordance with the provisions of
rule 161-11.4(17A,22,216) and other applicable provisions of law.
(5)
Security of
record. No person may, without permission from the custodian, search
or remove any record from agency files. Examination and copying of agency
records shall be supervised by the custodian or a designee of the custodian.
Records shall be protected from damage and disorganization.
(6)
Copying. A reasonable
number of copies of an open record may be made in the agency's office. If
photocopy equipment is not available in the agency office where an open record
is kept, the custodian shall permit its examination in that office and shall
arrange to have copies promptly made elsewhere.
(7)
Fees.
a.
When charged. To the
extent permitted by applicable provisions of law, the payment of fees may be
waived when the imposition of fees is inequitable or when a waiver is in the
public interest.
b.
Copying
and postage costs. Price schedules for published materials and for
photocopies of records shall be prominently posted in agency offices. Copies of
records may be made by or for members of the public on agency photocopy
machines or from electronic storage systems at cost as determined and posted in
agency offices by the custodian. When the mailing of copies of records is
requested, the actual costs of such mailing may also be charged to the
requester
c.
Supervisory
fee. An hourly fee may be charged for actual agency expenses in
supervising the examination and copying of requested records when the
supervision time required is in excess of one-half hour The custodian shall
prominently post in agency offices the hourly fees to be charged for
supervision of records during examination and copying. That hourly fee shall
not be in excess of the hourly wage of an agency clerical employee who
ordinarily would be appropriate and suitable to perform this supervisory
function.
d.
Search
fees. If the request requires research or if the record or records
cannot reasonably be readily retrieved by the office, the requester will be
advised of this fact. Reasonable search fees may be charged where appropriate.
In addition, all costs for retrieval and copying of information stored in
electronic storage systems may be charged to the requester
e.
Advance deposits.
(1) When the estimated total fee chargeable
under this subrule exceeds $25, the custodian may require a requester to make
an advance payment to cover all or a part of the estimated fee.
(2) When a requester has previously failed to
pay a fee chargeable under this subrule, the custodian may require advance
payment of the full amount of any estimated fee before the custodian processes
a new request from that requester