Iowa Code r. 191-2.10 - Notice to suppliers of information
When the division requests a person to supply information about that person, the division must notify the person by reasonable means of the use that will be made of the information, which persons outside the division might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested.
(1)
Notice. The notice shall
generally be given at the first contact with the division and need not be
repeated. Where appropriate, the notice may be given to a person's legal or
personal representative. Notice may be withheld in an emergency or when it
would compromise the purpose of a department investigation.
(2)
License and examination
applicants. License and examination applicants are requested to supply
a wide range of information depending on the qualifications for licensure or
sitting for an examination, as provided by division statutes, rules and
application forms. Failure to provide requested information may result in
denial of the application. Some requested information, such as social security
numbers, home addresses, examination scores, and criminal histories, is
confidential under state or federal law, but most of the information contained
in license or examination applications is treated as public information and is
freely available for public examination.
(3)
License renewal.
Licensees are requested to supply a wide range of information in connection
with license renewal, both on paper and electronically. Failure to provide
requested information may result in denial of the application. Most information
contained on renewal applications is treated as public information freely
available for public examination, but some information may be confidential
under state or federal law.
(4)
Investigations. Persons and entities regulated by the division
are required to respond to division requests for information as part of the
investigation of a complaint or inquiry. Failure to timely respond may result
in disciplinary action against the person or entity to which the request is
made. Information provided in response to such a request is confidential
pursuant to the Iowa Code, including but not limited to Iowa Code sections
502.607(2),
505.8(8)
"a,"507E.5, and 523A.803, but may become public if introduced
at a hearing that is open to the public, contained in a final order, or filed
with a court of judicial review.
(5)
Discovery request, subpoenas, and
investigations. Notice need not be given in connection with discovery
requests in litigation or administrative proceedings, subpoenas, investigations
of possible violations of law or similar demands for information.
(6)
Other requested
information. In general, pursuant to state or federal law, the
division requests information necessary for its regulation of insurance,
securities, and regulated industries that is required to be provided to the
division. This required information may be shared outside the division when
required by state or federal law or division rules. Failure of a regulated
entity or person to provide this information may result in the denial of the
licensure or regulatory approval, as appropriate, for which the information was
requested.
Notes
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