Welcome to MuckRock's Iowa Open Records Law appeal guide!
Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about Iowa's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.
Constructive Denial
This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.
An agency has twenty days to respond to the initial request and there is no legal basis for an agency being completely unresponsive.
According to the Iowa Open Records Law “Agency response time should not exceed twenty calendar days and ordinarily should not exceed ten business days.” Iowa Code § 22.8(4)(d).
Refusal
“[A] defendant may “refuse” either by (1) stating that it won’t produce records, or (2) showing that it won’t produce records. And we believe that this second kind of refusal—an implied or “silent” refusal—can be shown through an unreasonable delay in producing records.” Belin v. Reynolds, 989 N.W.2d 166, 174 (Iowa 2023).
When the Twenty Day Time Limit Applies
“[T]he twenty-day time limit is not a blanket rule; rather, it is limited to the circumstance in which the custodian needs to determine whether an otherwise confidential record should be made available to a person who claims the right to view it.” Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444, 460 (Iowa 2013).
Example Appeals
Iowa Open Records Law Code § 22.8(4)(d) : specifically requires that an agency provide a response to a public records request within twenty business days of receipt of that request.
By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.
Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the Iowa Open Records Law. Your accelerated attention to this matter will be greatly appreciated.