(A) Any person aggrieved by the WRA Director's decision to release information or data obtained as provided in § 52.036(A) and who can demonstrate a direct and substantial interest in the information or data sought to be kept confidential may appeal the WRA Director's decision. A request for appeal shall be filed in writing with the WRA Director not less than five days after the WRA Director's decision to deny confidential status to the 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 appealing party.
(B) 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 WRA Director's decision within seven days after receipt of the appeal.
(C) 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 the documents, data and information, or seeking an injunction to prevent the disclosure of the same.
(D) 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 the appeal, a request for examination or copying of the documents, data or information is made of the WRA or its operating contractor pursuant to Iowa Code Chapter 22, the WRA or its operating contractor will notify the appealing party of the 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 the 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 the 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 informational issue for public examination.
(E) If during the pendency of the appeal, a lawsuit is initialed pursuant to Iowa Code Chapter 22 seeking the release of the documents, data or information, the appealing party shall take action to defend its confidentiality request in the lawsuit. If the appealing party fails to defend its confidentiality request in the suit, the WRA Director shall release the documents, data or information at issue for public examination.
(Ord. 2010-09, passed 7-13-2010; Am. Ord. 2019-03, passed 2-26-2019; Am. Ord. 2022-09, passed 8-23-2022)