§ 455K.7 — Review of privileged documents

Iowa § 455K.7

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455K: ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY

Text

1. The privileges created in this chapter shall not apply to criminal investigations or
proceedings. An environmental audit report, supporting documents, and testimony relating
thereto may be obtained by a prosecutor’s subpoena pursuant to the rules of criminal
procedure. If an environmental audit report is obtained, reviewed, or used in a criminal
investigation or proceeding, the administrative and civil evidentiary privilege established in
this chapter is not waived or made inapplicable for any purpose other than for the criminal
investigation or proceeding.
2. Notwithstanding the privilege established in this chapter, the department may review
information in an environmental audit report, but such review does not waive or make the
administrative and civil evidentiary privilege inapplicable to the report. A regulatory agency
shall not adopt a rule or impose a condition that circumvents the purpose of this chapter.
3. If information is required to be made available to the public by operation of a specific
state or federal law, rule, or permit condition, the governmental authority shall notify the
person claiming the privilege of the potential for public disclosure prior to obtaining such
information under subsection 1 or 2.
4. Ifprivilegedinformationisdisclosedundersubsection2or3, onthemotionofaparty, a
court or the presiding officer in an administrative hearing shall suppress evidence offered in
any civil or administrative proceeding that arises or is derived from review, disclosure, or use
of information obtained under this section if the review, disclosure, or use is not authorized
under section 455K.6. A party having received information under subsection 2 or 3 has the
burden of proving that the evidence offered did not arise and was not derived from the review
of privileged information.