25FC:0045 Mark Hoag/Iowa Department of Inspections, Appeals, and Licensing - Dismissal Order

Date:
05/15/2025

Subject: 
Mark Hoag/Iowa Department of Inspections, Appeals, and Licensing - Dismissal Order 

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On April 22, 2025, Mark Hoag filed formal complaint 25FC:0045, alleging the Iowa Department of Inspections, Appeals, and Licensing (Department) violated Iowa Code Chapter 22.

Facts 
Hoag’s complaint stems from an agreement entered into between Hoag’s business and the Department. 

While the full details of the agreement are not clear, Hoag’s primary complaint is that he was assessed a civil penalty from the Department and forced to enter an agreement to ensure compliance. Hoag states the Department failed to provide proper justification for the fine, that there was a lack of transparency in the agreement process, that there was no supporting documentation regarding how the Department rendered its decisions, and that there was an absence of accessible policies to assist business owners in understanding the Department’s processes and business owners’ rights and obligations.

Applicable Law
A public record is defined as “all records, documents, tape, or other information stored or preserved in any medium, of or belonging to this state…” Iowa Code § 22.1(3)(a).

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record.” Iowa Code § 22.2(1).

Analysis
Following a facial review of the complaint, IPIB staff find the allegations are outside IPIB’s statutory jurisdiction for review. IPIB can only review responses to requests for public records pursuant to Iowa Code Chapter 22. IPIB cannot review the processes and procedures used by other state agencies to interpret and apply their own jurisdictional statutes.

Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED: Formal complaint 25FC:0045 is dismissed as outside IPIB’s jurisdiction pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on May 15, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director
_________________________
Erika Eckley, J.D.