1. Any person aggrieved by a decision to release information or data obtained as provided in subsection 100.33(1) of this chapter and who can demonstrate a direct and substantial interest in the information or data sought to be kept confidential may appeal the decision of the WRA Director. A request for appeal shall be filed in writing with the Director not less than five days after the decision to deny confidential status to such information or data. The appeal request shall include a statement of the basis upon which the request for confidential status is made, as well as the appealing party's interest in the information or data sought to be kept confidential. The WRA Director may request additional information from the appeal party.
2. Based upon the information provided by the appealing party, the WRA Director shall make a determination with respect to the confidentiality of the information or data at issue. The WRA Director shall notify the parties, in writing, of the decision within seven days after receipt of the appeal.
3. If still aggrieved by the WRA Director's determination on appeal, a party may file an action in Polk County District Court, seeking a declaratory ruling with respect to the confidentiality of such documents, data and information, or seeking an injunction to prevent the disclosure of same.
4. During the pendency of an appeal to the WRA Director, the documents, data or information at issue shall be kept confidential. However, if during the pendency of such appeal, a request for examination or copying of such documents, data or information is made of the WRA or its operating contractor pursuant to Chapter 22 of the Code of Iowa, the WRA or its operating contractor will notify the appealing party of such request for disclosure and will keep confidential the requested documents, data or information, pending action by the appealing party to defend its confidentiality request. In that notification, the appealing party requesting confidentiality will be given not more than five calendar days within which to file suit in Polk County District Court seeking the entry of a declaratory order and/or injunction to protect and keep confidential such documents, data or information. If the appealing party fails to initiate suit within the time requested, the WRA Director shall release the documents, data or information at issue for public examination.
5. If during the pendency of such appeal, a lawsuit is initiated pursuant to Chapter 22 of the Code of Iowa seeking the release of such documents, data or information, the appealing party shall take action to defend its confidentiality request in said lawsuit. If the appealing party fails to defend its confidentiality request in said suit, the WRA Director shall release the documents, date or information at issue for public examination.