80A.17 - CONFIDENTIAL RECORDS.
80A.17 CONFIDENTIAL RECORDS.
1. All complaint files, investigation files, other investigation
reports, and other investigative information in the possession of the
department or its employees or agents which relate to licensee
discipline are privileged and confidential except that they are
subject to discovery, subpoena, or other means of legal compulsion
for their release to a person other than the licensee, and are
admissible in evidence in a judicial or administrative proceeding
other than a proceeding involving licensee discipline. In addition,
investigative information in the possession of the department's
employees or agents which relates to licensee discipline may be
disclosed to the appropriate licensing authority in another state,
the District of Columbia, or a territory or country in which the
licensee is licensed or has applied for a license. If the
investigative information in the possession of the department
indicates a crime has been committed, the information shall be
reported to the proper law enforcement agency. A final written
decision and finding of fact of the department in a disciplinary
proceeding is a public record.
Pursuant to section 17A.19, subsection 6, the department, upon an
appeal by the licensee of the decision by the department shall
transmit the entire record of the contested case to the reviewing
court.
Notwithstanding section 17A.19, subsection 6, if a waiver of
privilege has been involuntary and evidence has been received at a
disciplinary hearing, the court shall order withheld the identity of
the individual whose privilege was waived.
2. Lists of employees of a licensed agency and their personal
histories shall be held as confidential. However, the lists of the
names of the licensed agencies, their owners, corporate officers and
directors shall be held as public records. The commissioner may
confirm that a specific individual is an employee of a licensed
agency upon request and may make lists of licensed agencies'
employees available to law enforcement agencies. Section History: Recent Form
85 Acts, ch 56, §6