Iowa Code r. 491-3.13 - Availability of records
(1) Agency
records are open for public inspection and copying unless otherwise provided by
rule or law.
(2) Confidential
records. The following records may be withheld from public inspection. Records
are listed by category, according to the legal basis for withholding them from
public inspection.
a. Sealed bids received
prior to the time set for public opening of bids. (Iowa Code section
72.3)
b. Tax records made available to the agency.
(Iowa Code sections 422.20 and
422.72)
c. Exempt records under Iowa Code section
22.7.
d. Minutes of closed meetings of a government
body. (Iowa Code section
21.5(4))
e. 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)
"d."
f. Those
portions of commission staff manuals, instructions or other statements issued
which set forth criteria or guidelines to be used by commission staff in
auditing, in making inspections, in 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 disclosure of these statements would:
(1) Enable law violators to avoid
detection;
(2) Facilitate disregard
of requirements imposed by law; or
(3) Give a clearly improper advantage to
persons who are in an adverse position to the agency. (Iowa Code sections
17A.2 and
17A.3)
g. Records which constitute attorney work
product, attorney-client communications, or which are otherwise privileged.
Attorney work product is confidential under Iowa Code sections
22.7(4),
622.10 and
622.11, Iowa R.C.P. 1.503, the
rules of evidence, the Code of Professional Responsibility, and case
law.
h. Criminal investigative
reports. (Iowa Code section
22.7(5))
i. Information gathered during an
investigation during pendency of the investigation or information requested for
inspection by the commission or a representative of the commission. (Iowa Code
sections 99D.7(9),
99D.19(3),
99E.3(2),
99E.8(2),
99F.4(6),
99F.12(2), and
99F.12(4))
j. Personnel files and employee records.
Information required for tax withholding, information concerning employee
benefits, affirmative action reports, and other information concerning the
employer-employee relationship. Some of this information is confidential under
Iowa Code section 22.7(11).
k. Security plans, surveillance system plans
and records, network audits, internal controls, and compliance records of the
licensees that are made available to the commission that would enable law
violators to avoid detection and give a clearly improper advantage to persons
who are in an adverse position to the agency. (Iowa Code sections
17A.2,
17A.3,
22.7(18),
99D.19(3),
99E.8(4),
99F.12(2)
"b" and 99F.12(4))
l. Promotional play receipts records and
marketing expenses. (Iowa Code sections
99D.19(3),
99E.8(4) and
99F.12(4))
m. Patron and customer records. (Iowa Code
sections 99D.19(3),
99E.8(4) and
99F.12(4))
n. Supplemental schedules to the certified
audit that are obtained by the commission in connection with the annual audit
under Iowa Code sections
99D.20,
99E.9 and
99F.13. (Iowa Code sections
99D.19(3) and
99F.12(4))
o. Names, social security numbers and any
other personally identifiable information regarding persons who have
voluntarily excluded themselves and are a part of the interactive Internet site
maintained by the commission. (Iowa Code sections
99D.7(23) and
99F.4(22) as
amended by 2018 Iowa Acts, House File 2349)
Notes
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