(1)
Location of record. A
request for access to a record should be directed to the Chair, Public
Employment Relations Board, 510 East 12th Street, Suite IB, Des Moines, Iowa
50319.
(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, excluding
legal holidays.
(3)
Request
for access. Requests for access to open records may be made in writing
or in person. Requests shall identify the particular records sought by name or
description in order to facilitate the location of the record. Mail, email or
telephone requests shall include the name, address, email 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
agency 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 621-12.4 (17A,20,22) 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.
(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. 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 by the custodian, based upon the actual costs of the copying. 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. The 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
allowable 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.