ARC 0433D

ARC 0433D

NATURAL RESOURCES DEPARTMENT[561]

Adopted and Filed Emergency

Rulemaking related to public records and fair information practices

    The Natural Resources Department (Department) hereby rescinds Chapter 2, “Public Records and Fair Information Practices,” and adopts a new Chapter 2505, “Fair Information Practices,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 17A.24 and 22.11 and 2026 Iowa Acts, Senate File 2463.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 17A.24 and 22.11.

Purpose and Summary

    This rulemaking modifies the Uniform Rules on Agency Procedure related to fair information practices (7—Chapter 2505) to ensure that business confidential records are properly processed and stored by the Department. This rulemaking is also being done in accordance with 2026 Iowa Acts, Senate File 2463, in which the portions of Chapter 2 relating to personally identifiable information were not rescinded. In an effort to consolidate all Department rules regarding fair information practices, the content related to personally identifiable information is being moved to Chapter 2505. This will allow for existing Chapter 2 to be rescinded.

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

    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because 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.

Reason for Waiver of Normal Effective Date

    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department also finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on June 18, 2026, because 2026 Iowa Acts, Senate File 2463, section 5, authorizes emergency rulemaking for the purpose stated above.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on June 15, 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 0429D 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 Department 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 became effective on June 18, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind and reserve 561—Chapter 2.

    ITEM 2.  Adopt the following new  561—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.

561—2505.5(17A,22) Confidential records. The custodian may treat a record as a confidential record and withhold it from examination only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order. Unless deemed as a confidential record or considered as a confidential record by Iowa Code section 22.7, all records are considered public and routinely disclosed without the consent of the subject.

    2505.5(1) Persons who may request. Any person who would be aggrieved or adversely affected by disclosure of a record and who asserts that Iowa Code section 22.7, another applicable provision of law, or a court order authorizes the custodian to treat the record as a confidential record may request the custodian to treat that record as a confidential record and to withhold it from public inspection.

    2505.5(2) Request. A written request that a record be treated as a confidential record and be withheld from public inspection should be filed with the custodian. The request must set forth the legal and factual basis justifying such confidential record treatment for that record. The request should include two copies of the record in question; one copy of the record with all information provided and a second copy of the record with the information being requested confidential deleted from the record.

    2505.5(3) Timing of decision. A decision by the custodian with respect to the disclosure of a record to members of the public may be made when a request for its treatment as a confidential record that is not available for public inspection is filed or when the custodian receives a request for access to the record by a member of the public.

    2505.5(4) Request granted or deferred. If a request for such confidential record treatment is granted, or if action on such a request is deferred, a copy of the record from which the matter in question has been deleted and a copy of the decision to grant the request or to defer action upon the request will be made available for public inspection in lieu of the original record. If the custodian subsequently receives a request for access to the original record, the custodian will make reasonable and timely efforts to notify any person who has filed a request for its treatment as a confidential record that is not available for public inspection of the pendency of that subsequent request.

    2505.5(5) Request denied and opportunity to seek injunction. If a request that a record be treated as a confidential record and be withheld from public inspection is denied, the custodian will notify the requester in writing of that determination and the reasons therefor. On application by the requester, the custodian may engage in a good faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief under the provisions of Iowa Code section 22.8 or other applicable provision of law. However, such a record need not be withheld from public inspection for any period of time if the custodian determines that the requester had no reasonable grounds to justify the treatment of that record as a confidential record. The custodian will notify the requester in writing of the time period allowed to seek injunctive relief or the reason for the determination that no reasonable grounds exist to justify the treatment of that record as a confidential record. The custodian may extend the period of good faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief only if no request for examination of that record has been received; if a court directs the custodian to treat it as a confidential record, to the extent permitted by another applicable provision of law; or with the consent of the person requesting access.

    2505.5(6) Processing of confidentiality claims. In order to request a record be held confidential with the department, the party will comply with the following provisions:

    a.  Applicability/availability. Businesses that provide information to the department in applications, reports or otherwise in recorded form, or from or about which information is obtained and recorded by the department, may request that information not be disclosed to others for reasons of business confidentiality. Until such time as a request for confidentiality is received by the department, all information will be available to the public. If a claim is received after the information itself is received, the department will make such efforts as are administratively practicable to associate the claim with all copies of the previously received information. However, the department cannot ensure that such efforts will be effective in light of the possibility of prior disclosure or dissemination of the information beyond the department’s reasonable control.

    b.  Confidentiality request process. An entity that submits information to the department may assert a confidentiality claim in accordance with the following process:

    (1)  Attach a cover sheet indicating the entity is seeking the information to be held confidential. The submission will include a letter of substantiation with the information required by paragraph 2505.5(6)“c.”

    (2)  File two copies of the information: one copy with all information present and a second copy with the information for which the party wishes to claim confidential treatment deleted from the document.

    c.  Contents of claim. All claims for confidentiality must be substantiated with the following information in a letter attached to the proposed confidential document:

    (1)  A statement of all measures the business has taken to protect the confidentiality of the information and a statement of intent to continue to take such measures;

    (2)  Practices and policies of other businesses, if known, regarding confidentiality of similar information;

    (3)  A statement that the information is not, and has not been, reasonably attainable without the consent of the business by other persons other than government bodies by use of legitimate means;

    (4)  A statement demonstrating that disclosure of the information is likely to cause substantial harm to the business’s competitive position;

    (5)  A reference to any other determinations of confidential status of the information or similar information.

    d.  Initial action by department. All claims will be reviewed for completeness and applicability of subrule 2505.5(8). If the claim does not include the substantiation required by paragraph 2505.5(6)“c,” or if the claim relates to information within subrule 2505.5(8), the business making the claim will be notified by certified mail. If the substantiation or comment regarding the inapplicability of subrule 2505.5(8) is not received by the department within ten days of the date on the return receipt, the department will place the information in the public file. Otherwise, all information claimed to be confidential will be treated as such by the department until further notice.

    e.  Substantive criteria for use in confidentiality determinations. Prior determinations by the courts, the department, or other agencies on the information or similar information will be given due consideration and effect. Determinations will hold that business information is entitled to confidential treatment for the benefit of a particular person if:

    (1)  The business has taken and intends to continue to take reasonable measures to protect the confidentiality of the information;

    (2)  The information is not readily obtainable by others by legitimate means;

    (3)  The claim is not unreasonable in view of the nature of the information, the interests and normal practices of the business, and the practices of other businesses;

    (4)  No statute or rule specifically requires disclosure of the information; and

    (5)  There is a substantial likelihood that disclosure of the information would cause substantial harm to the competitive position of the business.

    f.  Determination. The department will transmit its determination regarding a claim for business confidentiality to the claimant by certified mail, notifying the claimant of the opportunity to provide comments within ten days subject to reasonable extension upon written request, and that failure to comment will be construed to indicate agreement with the preliminary determination. If the determination is in response to a request for disclosure, the person requesting the disclosure will be sent a similar notice in the same manner within ten days of the request. If any substantial comments are received, the final decision will be made by the director or designee. If no substantial comments are received, the preliminary determination becomes the final decision.

    g.  All procedures within this rule will not be considered contested case proceedings as provided in Iowa Code chapter 17A.

    2505.5(7) 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;

    b.  Tax records made available to the department;

    c.  Records that are exempt from disclosure under Iowa Code section 22.7;

    d.  Minutes of closed meetings of a government body;

    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;

    f.  Those portions of the department’s staff manuals, instructions, or other statements issued that set forth criteria or guidelines to be used by 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 department;

    g.  Records that constitute attorney work product, constitute attorney-client communications, or 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(3); 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.

    h.  Any other records made confidential by law.

    2505.5(8) Not confidential. Notwithstanding any other provision, the following information will not be considered confidential by the department:

    a.  Emission data. For purposes of this subrule, “emission data” means the following, with reference to any source of emission of any substance into the air:

    (1)  Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission that has been emitted by the source (or of any pollutant resulting from any emission by the source) or any combination of the foregoing;

    (2)  Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions that, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and

    (3)  A general description of the location and nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

    b.  Analytical results of monitoring or public water supply systems;

    c.  Name and address of any permit applicant; and

    d.  NPDES permits, applications (including any information required by NPDES application forms), and effluent data. For purposes of this subrule, “effluent data” means the following, with reference to any source of discharge of any pollutant:

    (1)  Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant that has been emitted by the source (or of any pollutant resulting from any discharge from the source) or any combination of the foregoing;

    (2)  Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of the pollutants that, under an applicable standard or limitation, the source was authorized to discharge (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and

    (3)  A general description of the location and nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

561—2505.9(17A,22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information that is collected, maintained, and retrieved by the department of natural resources by personal identifier in record systems. For the purposes of this rule, “record system” means any group of records under the control of the agency from which a record may be retrieved by a personal identifier, such as the name of an individual, number, symbol, or other unique retriever assigned to an individual. Records maintained by the department of natural resources, the environmental protection commission, and the natural resource commission are in accordance with guidelines as set forth by the state records commission’s file system. An updated index is maintained by the department and is available for public inspection. Records are collected pursuant to authorities contained in Iowa Code title XI. Records are stored on paper; microfilm; microfiche; and, in some cases, automated data processing systems, such as electronic management systems and department web applications. Department of natural resources and natural resource commission records may include but are not limited to the following:

    2505.9(1) Department of natural resources.

    a.  Administration, organization, and management.

    (1)  Organization and management.

    (2)  Planning and programming.

    (3)  Administrative reports.

    (4)  Insurance and bonding.

    (5)  Departmental emergency planning.

    (6)  Correspondence and reference materials.

    (7)  Information and public relations.

    b.  Budgets, accounting and financial analysis.

    (1)  Budget information.

    (2)  Accounting.

    (3)  Cost accounting.

    c.  Office services and facilities management.

    (1)  Communications.

    (2)  Printing and reproduction.

    (3)  Records management.

    (4)  Motor pool operations.

    (5)  Facilities management.

    (6)  Engineering and construction.

    d.  Equipment, supplies, and services.

    (1)  Procurement.

    (2)  Property accountability.

    e.  Legislative and legal.

    (1)  Department legislative liaison.

    (2)  Bills, joint resolutions, amendments, messages, and reports.

    (3)  Federal government.

    (4)  Administrative procedures.

    (5)  Attorney general opinions and research materials.

    (6)  Claims against the state.

    (7)  Lawsuits filed by the state.

    (8)  28E agreements.

    f.  Personnel and payroll.

    (1)  Employee personnel/payroll files.

    (2)  Merit rules.

    (3)  Payroll administration.

    (4)  Position classification.

    (5)  Preemployment.

    (6)  Certification and selection.

    (7)  Scheduling, assignments, and working hours.

    (8)  Grievances.

    (9)  Training and education.

    (10)  Employee benefits and welfare.

    (11)  Employment relations.

    (12)  Equal employment opportunity.

    (13)  Management improvement programs.

    (14)  Delegation of authority and signature authorization.

    g.  Conservation and environment.

    (1)  Geology.

    1.  Surface and groundwater monitoring.

    2.  Natural resources geographic information system (GIS) library.

    3.  Oil/gas exploration and drilling.

    (2)  Water conservation.

    (3)  Land conservation.

    (4)  Soil conservation.

    (5)  Forestry management.

    (6)  Fish and game conservation.

    (7)  Recreation.

    (8)  Environmental technology.

    (9)  Air quality monitoring.

    (10)  Water quality monitoring.

    (11)  Land quality monitoring.

    (12)  Hazardous material planning.

    1.  Hazardous waste management.

    2.  Underground storage tanks.

    3.  Leaking underground storage tanks.

    (13)  Radioactive materials.

    (14)  Environmental—interdisciplinary.

    2505.9(2) Natural resource commission.

    a.  Tort claims investigations.

    b.  Numerous licensing files.

    c.  Lifetime licenses.

    d.  Boat registrations.

    e.  Docks, mooring, buoys or raft registrations.

    f.  Snowmobile registrations.

    g.  Miscellaneous mailing list (e.g., magazine).

    h.  Payroll and personnel information system.

    i.  Fur buyer reports.

    j.  Fish and game violations.

    k.  Safety certified students (hunter safety, snowmobile safety, and boating safety).

    l.  Special events applications and permits.

    m.  Snowmobile accident reports.

    n.  Boating accident reports.

    o.  Drowning reports.

    p.  Timber buyer reports and bonds.

    q.  Work programs with Iowa State University.

    r.  Timber management and forestry.

    s.  State park ranger violation reports.

    t.  Incident reports.

    u.  Donations.

    v.  Real estate acquisition.

    w.  Encroachments.

    x.  Campground host program.

    y.  Law enforcement intelligence network (LEIN) and turn in poachers (TIP).

    z.  Park leases and concessions.

561—2505.10(17A,22) Other groups of records. This rule describes groups of records maintained by the department of natural resources other than record systems as defined in rule 561—2505.9(17A,22). These records are routinely available to the public. However, the department’s files of these records may contain confidential information. In addition, some records may contain information about individuals. Records are stored on paper; microfilm; microfiche; and, in some cases, automated data processing systems, such as electronic management systems and department web applications.

    2505.10(1) Rulemaking. Rulemaking records may contain information about individuals making written or oral comments on proposed rules. This information is collected pursuant to Iowa Code section 17A.4.

    2505.10(2) Commission records. Agendas, minutes, and materials presented to the environmental protection commission and the natural resource commission are available from the office of the director, except these records concerning closed sessions that are confidential under Iowa Code section 21.5(5). Commission records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3.

    2505.10(3) Publications. News releases, annual reports, Iowa Outdoors magazine, project reports, agency newsletters, etc., are available from the department offices for public information. Brochures describing various department programs are available at local offices of the department. Department news releases, project reports, Iowa Outdoors magazine, and newsletters may contain information about individuals, including department staff or members of the commission or committees.

    2505.10(4) Statistical reports. Periodic reports for various department programs are available from the department offices for public information.

    2505.10(5) Grants or loans. Records on persons and institutions receiving grants or loans are available through the institutions, also for public information. The records may contain information about employees of a grantee.

    2505.10(6) Published materials. The department of natural resources uses many legal and technical publications in its work. The public may inspect these publications upon request. Some of these materials may be protected by copyright law.

    2505.10(7) Policy manuals. The department of natural resources employees’ manual, containing the policies and procedures for programs administered by the department, is available in every office of the department. Policy manuals do not contain information about individuals.

    2505.10(8) All other records that are not exempted from disclosure by law. The department maintains a variety of records that do not generally contain information pertaining to named individuals.

[Filed Emergency 6/18/26, effective 6/18/26]

[Published 7/8/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/8/26.