15.118 Confidentiality of information in financial assistance applications.
1. The board and the authority shall give due regard to the confidentiality of certain information disclosed by applicants for financial assistance during the application process, the contract administration process, and the period following closeout of a contract in the manner described in this section.
2. All information contained in an application for financial assistance submitted to the authority shall remain confidential while the authority is reviewing the application, processing requests for confidentiality, negotiating with the applicant, and preparing the application for consideration by the director or the board. The authority may release certain information in an application for financial assistance to a third party for technical review. If the authority releases such information to a third party, the authority shall ensure that the third party protects such information from public disclosure. After the authority has considered a request for confidentiality pursuant to subsection 3, any information not deemed confidential shall be made publicly available. Any information deemed confidential by the authority shall also be kept confidential during and following administration of a contract executed pursuant to a successful application. Information deemed confidential may be treated as such for as long as the authority deems necessary to protect an applicant’s competitive position, and the confidential treatment of the information shall apply whether the authority is in possession of the information or whether the information has been sent to off-site storage or to the state archivist.
3. The authority shall consider the written request of an applicant or award recipient to keep confidential certain details of an application, a contract, or the materials submitted in support of an application or a contract. If the request includes a sufficient explanation as to why the public disclosure of such details would give an unfair advantage to competitors, the authority shall keep certain details confidential. If the authority elects to keep certain details confidential, the authority shall release only the nonconfidential details in response to a request for records pursuant to chapter 22. If confidential details are withheld from a request for records pursuant to chapter 22, the authority shall release an explanation of why the information was deemed confidential and a summary of the nature of the information withheld and the reasons for withholding it. In considering requests for confidential treatment, the authority shall narrowly construe the provisions of this section in order to appropriately balance an applicant’s need for confidentiality against the public’s right to information about the authority’s activities.
4. If a request for confidentiality is denied by the authority, an applicant may withdraw the application and any supporting materials, and the authority shall not retain any copies of the application or supporting materials. Upon notice that an application has been withdrawn, the authority shall not release a copy in response to a request for records pursuant to chapter 22.
5. The authority shall adopt by rule a process for considering requests to keep information confidential pursuant to this section. The authority may adopt emergency rules pursuant to chapter 17A to implement this section. The rules shall include criteria for guiding the authority’s decisions about the confidential treatment of applicant information. The criteria may include but are not limited to the following:
a. The nature and extent of competition in the applicant’s industry sector.
b. The likelihood of adverse financial impact to the applicant if the information were to be released.
c. The risk that the applicant will locate in another state if the request is denied.
d. Any other factor the authority reasonably considers relevant.
2008 Acts, ch 1149, §1; 2011 Acts, ch 118, §87, 89; 2012 Acts, ch 1018, §9
Referred to in §15.107C, 260E.7
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 15 - ECONOMIC DEVELOPMENT AUTHORITY
Section 15.101 - Findings and purpose — collaboration described.
Section 15.103 - Economic development board.
Section 15.104 - Duties of the board.
Section 15.105 - Economic development authority.
Section 15.106 - Conflicts of interest.
Section 15.106A - General powers of the authority — legislative findings.
Section 15.106B - Specific program powers — fees.
Section 15.106C - Director — responsibilities.
Section 15.106D - Private activity bonds and notes.
Section 15.106E - Review of authority operations.
Section 15.107 - Bioscience development corporation.
Section 15.107A - Duties and responsibilities of the corporation.
Section 15.107B - Annual reporting requirements.
Section 15.107C - Oversight of corporation.
Section 15.108 - Primary responsibilities.
Section 15.109 - Additional duties.
Section 15.110 - Restrictions relating to councils of governments.
Section 15.111 - Rural development coordination.
Section 15.112 - Farmworks matching funds.
Section 15.113 - Tax lien and delinquency search requirement.
Section 15.114 - Microenterprise development advisory committee.
Section 15.115 - Technology commercialization specialist.
Section 15.116 - Technology commercialization committee.
Section 15.117 - Chief technology officer.
Section 15.117A - Iowa innovation council.
Section 15.118 - Confidentiality of information in financial assistance applications.
Section 15.119 - Aggregate tax credit limit for certain economic development programs.
Section 15.120 - The Iowa energy center.
Section 15.201 - Agricultural marketing program.
Section 15.202 - Grants and gifts.
Section 15.203 - Agricultural products advisory council — duties.
Section 15.204 - Value-added agricultural linked investment loan program — eligibility requirements.
Section 15.231 - Community catalyst building remediation program — fund.
Section 15.240 - Community microenterprise development organization grant program.
Section 15.241 - Iowa “self-employment loan program”.
Section 15.246 - Case management program.
Section 15.247 - Targeted small business financial assistance program.
Section 15.251 - Industrial new job training program certificates — fee.
Section 15.261 - Vacant state buildings demolition fund.
Section 15.262 - Vacant state buildings rehabilitation fund.
Section 15.269 - Cogeneration pilot program.
Section 15.271 - Statement of purpose — intent.
Section 15.272 - Statewide welcome center program.
Section 15.273 - Cooperative tourism program.
Section 15.292 - Brownfield redevelopment program.
Section 15.293 - Brownfield redevelopment fund.
Section 15.293A - Redevelopment tax credits.
Section 15.293B - Application — registration — agreement.
Section 15.294 - Brownfield redevelopment advisory council.
Section 15.300 - Findings and intent.
Section 15.301 - Save our small businesses fund and program.
Section 15.313 - Strategic infrastructure program — fund.
Section 15.317 - Eligibility requirements.
Section 15.318 - Eligible business application and agreement — maximum tax credits.
Section 15.319 - Renewable chemical production tax credit.
Section 15.320 - Reports to general assembly.
Section 15.322 - Future repeal.
Section 15.325 - Negotiations — state and local officials — restrictions.
Section 15.329 - Eligible business.
Section 15.330A - Maintenance of agreements.
Section 15.331 - New jobs credit from withholding.
Section 15.331A - Sales and use tax refund.
Section 15.331B - Exemption from land ownership restrictions for nonresident aliens.
Section 15.331C - Third-party developer tax credit.
Section 15.332 - Value-added property tax exemption.
Section 15.333 - Investment tax credit.
Section 15.333A - Insurance premium tax credits.
Section 15.334 - Exemption from taxation for machinery, equipment, and computers.
Section 15.334A - Sales and use tax exemption.
Section 15.335 - Research activities credit.
Section 15.335A - Tax incentives.
Section 15.335B - Assistance for certain programs and projects.
Section 15.336 - Other incentives.
Section 15.337 - Waiver of program qualification requirements.
Section 15.338 - Nuisance property remediation assistance — fund.
Section 15.341 - Workforce development fund program.
Section 15.342A - Workforce development fund account.
Section 15.343 - Workforce development fund.
Section 15.344 - Common system — assessment and tracking.
Section 15.349 - Shelter assistance fund.
Section 15.353 - Housing project requirements.
Section 15.354 - Housing project application and agreement.
Section 15.355 - Workforce housing tax incentives.
Section 15.368 - World food prize award and support.
Section 15.371 - Manufacturing 4.0 technology investment program.
Section 15.401 - Renewable fuels.
Section 15.412 - Innovation and commercialization development fund.