ARC 0461D

ARC 0461D

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed

Rulemaking related to public records and fair information practices

    The Department of Inspections, Appeals, and Licensing hereby rescinds Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code, and adopts a new Chapter 5 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 10A.104, 17A.24, 22.3 and 22.11.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapters 10A, 22 and 272C.

Purpose and Summary

    This rulemaking repromulgates Chapter 5 and implements Iowa Code chapters 10A, 22, and 272C in accordance with the goals and directives of Executive Order 10.

    This chapter provides procedures for requesting access to public records, including location of records and potential fees to access the records. This chapter also provides direction on what records can be released without providing consent to the subject of the record, instances where a subject can provide consent to release a confidential record, and the availability of public records.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9887C. A public hearing was held on the following date(s):

     ?   January 27, 2026

     ?   January 28, 2026

    No one attended the public hearings. No public comments were received.

    Changes from the Notice have been made to reflect legislative rescissions pursuant to 2026 Iowa Acts, Senate File 2463. Additionally, the preamble has been revised to reference 7—Chapter 2505, “Fair Information Practices.” No other changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on July 15, 2026.

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 will become effective on September 9, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 481—Chapter 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5

PUBLIC RECORDS AND FAIR INFORMATION PRACTICES

The department of inspections, appeals, and licensing hereby adopts, with the following additions, 7—Chapter 2505, “Fair Information Practices.” These rules are applicable to any division, board, or commission under the administrative authority of the department pursuant to Iowa Code chapter 10A unless a division, board, or commission has separate rulemaking authority and has adopted rules governing public records and fair information practices.

481—5.1(10A,17A,22) Definitions. As used in this chapter:

    “Agency” means the department of inspections, appeals, and licensing (department) or any division, board, or commission under the administrative authority of the department pursuant to Iowa Code chapter 10A, as applicable.

    “Custodian” means an agency that owns and exercises control over public records. The originating agency, if any, is the custodian of records that are used to perform work or a service for the originating agency.

    “Originating agency” means any government agency that has requested the department to perform work or a service on its behalf. An originating agency retains custody of all records provided by the originating agency to the department pursuant to Iowa Code section 10A.105.

481—5.9(17A,22) Personally identifiable information, storage, and data processing systems. The department maintains systems of records that contain personally identifiable information. Records are collected in accordance with the agency’s duties set forth in Iowa Code chapters 10A and 272C and other state and federal law governing programs administered by the agency. Specific personally identifiable information collected and the agency’s authority to collect said information is contained in pertinent Iowa Code sections and Iowa Administrative Code rules governing such programs. The department stores information in paper and on a cloud-based system and other electronic data management and storage systems. All data processing systems that have common data elements can potentially match, collate, and compare personally identifiable information as appropriate and legally authorized.

These rules are intended to implement Iowa Code chapters 10A, 22, and 272C.

[Filed 7/16/26, effective 9/9/26]

[Published 8/5/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/5/26.