ARC 0325D

ARC 0325D

STATE PUBLIC DEFENDER[493]

Adopted and Filed Emergency

Rulemaking related to public records and fair information practices

    The State Public Defender hereby rescinds Chapter 4, “Public Records and Fair Information Practices,” and adopts a new Chapter 2505, “Public Records and Fair Information Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 13B.4(8) and 17A.24.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 17A and section 22.11.

Purpose and Summary

    This rulemaking modifies the Uniform Rules on Agency Procedure related to public records and fair information practices to ensure agency compliance with Iowa Code section 22.11 regarding personally identifiable information (PII) that is unique to the State Public Defender. Iowa Code section 22.11 imposes an obligation on each agency to adopt rules that provide the nature of PII collected by the agency and to indicate which records contain PII and if they are public or confidential. Since the Uniform Rules on Agency Procedure are not specific to each agency, this rulemaking is necessary to comply with the statute directive regarding PII.

Reason for Adoption of Rulemaking Without
Prior Notice and Opportunity for Public Participation

    Pursuant to Iowa Code section 17A.4(3), the State Public Defender finds that notice and public participation are unnecessary or impractical because statute so provides. 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking to provide for additions, exceptions, or amendments to the Uniform Rules on Agency Procedure. Emergency adoption was approved by the Administrative Rules Coordinator in conjunction with the Attorney General. Notice of emergency adoption approval was given to the agency on March 16, 2026.

Reason for Waiver of Normal Effective Date

    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the State Public Defender also finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on May 8, 2026, because 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking for the purpose stated above. The new Uniform Rules on Agency Procedure are effective as of January 13, 2026, which means earlier adoption of this rulemaking will ensure compliance with Iowa Code section 22.11.

Adoption of Rulemaking

    This rulemaking was adopted by the State Public Defender on April 20, 2026.

Concurrent Publication of Notice of Intended Action

    In addition to its adoption on an emergency basis, this rulemaking has been initiated through the normal rulemaking process and is published herein under Notice of Intended Action as ARC 0326D to allow for public comment.

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on May 8, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind and reserve 493—Chapter 4.

    ITEM 2.  Adopt the following new  493—Chapter 2505:

CHAPTER 2505

FAIR INFORMATION PRACTICES

The Uniform Rules on Agency Procedure, 7—Chapters 2500 through 2506, are rules generally applicable to agencies pursuant to Iowa Code section 17A.24. Additions, exceptions, or amendments to the corresponding chapter are below.

493—2505.9(17A,22) Confidential records. The following records are assumed confidential and may be withheld from public inspection:

    2505.9(1) Records that constitute attorney work product, that constitute 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 Rule of Civil Procedure 1.503; the rules of evidence; the Code of Professional Responsibility; and case law.

    2505.9(2) Criminal investigative reports pursuant to Iowa Code section 22.7(5).

    2505.9(3) A claim for compensation and reimbursement for legal assistance and supporting documents submitted to the state public defender for payment of costs incurred in the legal representation of an indigent person pursuant to Iowa Code section 13B.4A, except as disclosure is authorized under that section.

493—2505.10(17A,22) Personally identifiable information. The state public defender maintains the following systems of records that contain personally identifiable information and may be withheld from public inspection.

    2505.10(1) Juvenile records. Pursuant to Iowa Code section 915.36, the names of child victims shall not be disclosed. Confidential juvenile records under Iowa Code section 232.147 shall not be disclosed, except as otherwise permitted by law. Presentence investigation reports in the possession of any public defender are confidential records pursuant to Iowa Code section 901.4.

    2505.10(2) Litigation records or files. Litigation records or files contain information regarding litigation or anticipated litigation, which include judicial and administrative proceedings. Litigation records include briefs, depositions, docket sheets, documents, correspondence, attorney’s notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney, and case management records. Litigation files contain materials that are confidential as attorney work product and attorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishing to obtain copies of pleadings and other documents filed in litigation should obtain them from the clerk of the appropriate court that maintains the official copy.

    2505.10(3) Contracts. Contractual agreements are maintained by the state public defender. These records contain personally identifiable information when the agreement is with a specific individual. In those instances, the records include the name, address, and social security number of the contracting attorney. Other information in these records may include the proposal of the contracting attorney, budget figures, correspondence, and business information. Personally identifiable information is contained in a data processing system and may be compared with the information in any data processing system.

[Filed Emergency 5/7/26, effective 5/8/26]

[Published 6/10/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/10/26.