Section 351.2.13. Availability of records.

       2.13(1) General. Board records are open for public inspection and copying unless otherwise provided by rule or law.

       2.13(2) Confidential records. The following records may be withheld from public inspection:

        a.           Sealed bids received prior to the time set for public opening of bids under Iowa Code section 72.3.

        b.           Tax records made available to the board under Iowa Code sections 422.72 and 422.20.

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

        d.           Agendas, minutes and tape recordings of closed meetings of a government body pursuant to Iowa Code subsection 21.5(4).

        e.           Records that constitute attorney work product, 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. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, and the Code of Professional Responsibility.

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

        g.           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.”

        h.           Any other records made confidential by law.

       2.13(3) Authority to release confidential records. The board may have discretion to disclose some confidential records that are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute that authorizes limited or discretionary disclosure as provided in rule 351—2.4(22,68A,68B). If the board initially determines that it will release such records, the board may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 2.4(3).