235B.10 - EXAMINATION, REQUESTS FOR CORRECTION OR EXPUNGEMENT AND APPEAL.
235B.10 EXAMINATION, REQUESTS FOR CORRECTION OR
EXPUNGEMENT AND APPEAL.
1. Any person or that person's attorney shall have the right to
examine dependent adult abuse information in the registry which
refers to that person. The registry may prescribe reasonable hours
and places of examination.
2. A person may file with the department within six months of the
date of the notice of the results of an investigation, a written
statement to the effect that dependent adult abuse information
referring to the person is in whole or in part erroneous, and may
request a correction of that information or of the findings of the
investigation report. The department shall provide the person with
an opportunity for an evidentiary hearing pursuant to chapter 17A to
correct the information or the findings, unless the department
corrects the information or findings as requested. The department
shall delay the expungement of information which is not determined to
be founded until the conclusion of a proceeding to correct the
information or findings. The department may defer the hearing until
the conclusion of a court case relating to the information or
findings.
3. The decision resulting from the hearing may be appealed to the
court of Polk county by the person requesting the correction or to
the court of the district in which the person resides. Immediately
upon appeal the court shall order the department to file with the
court a certified copy of the dependent adult abuse information.
Appeal shall be taken in accordance with chapter 17A.
4. Upon the request of the appellant, the record and evidence in
such cases shall be closed to all but the court and its officers, and
access to the record and evidence shall be prohibited unless
otherwise ordered by the court. The clerk shall maintain a separate
docket for such actions. A person other than the appellant shall not
permit a copy of the testimony or pleadings or the substance of the
testimony or pleadings to be made available to any person other than
a party to the action or the party's attorney. Violation of the
provisions of this subsection shall be a public offense punishable
under section 235B.12.
5. If the registry corrects or eliminates information as
requested or as ordered by the court, the registry shall advise all
persons who have received the incorrect information of the fact.
Upon application to the court and service of notice on the registry,
an individual may request and obtain a list of all persons who have
received dependent adult abuse information referring to the
individual.
6. In the course of any proceeding provided for by this section,
the identity of the person who reported the disputed information and
the identity of any person who has been reported as having abused an
adult may be withheld upon a determination by the registry that
disclosure of the person's identity would be detrimental to the
person's interest. Section History: Recent Form
91 Acts, ch 231, §10
Referred to in § 235B.4, 235B.6, 235B.9, 235E.4