Iowa Admin. Code r. 191-2.12 - Confidential records
This rule describes the types of agency information or records that are confidential. This rule is not exhaustive. The following records shall be kept confidential.
(1) Records that are exempt from disclosure
under Iowa Code section 22.7.
(2)
Records that constitute attorney work product or attorney-client
communications, or that are otherwise privileged. Attorney work product is
confidential under Iowa Code sections
22.7 (4),
622.10 and
622.11; Iowa R.C.P. 122(c); Fed.
R. Civ. P. 26(b)(3); and case law. Attorney-client communications are
confidential under Iowa Code sections
622.10 and
622.11, the rules of evidence,
the Code of Professional Responsibility, and case law.
(3) Those portions of the division 's staff
manuals, instructions or other statements issued by the division that set forth
criteria or guidelines to be used by division staff in auditing, making
inspections, 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 the disclosure of such statements would enable law
violators to avoid detection, facilitate disregard of requirements imposed by
law, or give a clearly improper advantage to persons who are in an adverse
position to the division , pursuant to Iowa Code sections
17A.2 and 17A.3.
(4) All information obtained and prepared in
the course of an inquiry, complaint , or investigation, including but not
limited to communications, insurer documents, data, reports, analysis, and
notes, pursuant to Iowa Code section
505.8 and chapters 502, 502A,
505, 507A, 507E, 522B, 523C, and 523I.
(5) Information of insurers designated as
confidential by applicable law, including but not limited to information and
reports that are part of an examination, pursuant to Iowa Code sections
505.17 and
507.14.
(6) Information of the Iowa life and health
guaranty association, pursuant to Iowa Code chapters 508C and 515B.
(7) Insurance holding company systems
registration and holding company examinations, pursuant to Iowa Code section
522.7.
(8) Information related to the uniform
securities Act that is designated nonpublic pursuant to Iowa Code section
502.607.
(9) Information filed with the division
related to preneed sellers and sales agents of cemetery and funeral merchandise
and funeral services pursuant to Iowa Code chapter 523A.
(10) Information obtained in the course of an
examination of a cemetery pursuant to Iowa Code chapter 523I.
(11) All records relating to prearranged
funeral contracts, except upon approval by the commissioner of insurance or the
attorney general, pursuant to Iowa Code section 523A.204(3).
(12) 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."
(13)
Sealed bids received prior to the time set for public opening of bids, pursuant
to Iowa Code section 72.3.
(14) Information related to external review
of health care coverage decisions, pursuant to Iowa Code chapter
514J.
(15) Information related to
automobile insurance cancellation, pursuant to Iowa Code chapter
515D.
(16) Determination of any
suspension of an insurance producer 's or other licensee's pending application
for licensure, pending request for renewal, or current license, when the
suspension is related to failure to pay child support, foster care, or state
debt, pursuant to rule
191-10.21 (252J).
(17) All other information or records that by
law are or may be confidential.
Notes
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