Iowa Admin. Code r. 161—9 § 161—9.7
Scope of discovery.
Operative Text
Unless otherwise limited by order of the presiding officer for discovery in accordance with these rules, the scope of discovery is as follows: 9.7(1) In general. The commission may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending investigation, whether it relates to the claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at a trial or contested case hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. 9.7(2) Supplementation of responses. A party who has responded to a commission request for discovery is under a duty to supplement or amend the response to include information thereafter acquired as follows: a. A party is under a duty seasonably to supplement the response with respect to any question directly addressed to: (1) The identity and location of persons having knowledge of discoverable matters; and (2) Any matter that bears materially upon a claim or defense asserted by any party. b. A party is under a duty seasonably to amend a prior response if the party obtains information upon the basis of which: (1) The party knows that the response was incorrect when made; or (2) The party knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
Iowa Admin. Code r. 161—9 § 161—9.7 establishes the boundaries of discovery in commission investigations. The commission may seek any non-privileged information relevant to the matter under investigation, even if that information might not itself be admissible at a hearing, as long as it could reasonably lead to admissible evidence. Parties who have already responded to discovery requests carry an ongoing duty to update or correct those responses if new information emerges or if a prior response turns out to have been inaccurate.
Plain English — not legal advice.
Property owners or managers involved in a commission investigation under Iowa Admin. Code r. 161—9 § 161—9.7 should be aware that the commission's discovery reach is broad, covering books, documents, tangible items, and the identities of knowledgeable individuals. Compliant operators generally maintain organized records and respond fully and accurately to any commission discovery requests. Because § 161—9.7(2) imposes a continuing duty to supplement or amend responses, operators who later learn that a prior response was incomplete or incorrect generally take steps to update that response promptly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants involved in a commission proceeding under Iowa Admin. Code r. 161—9 § 161—9.7 may benefit from understanding that the commission can pursue a wide range of relevant, non-privileged information on their behalf during an investigation. The provision's broad scope means that documents, records, and witness identities that bear on a claim are generally within reach of the discovery process. Tenants who believe relevant information has not been disclosed or updated may wish to consult a tenant-rights organization or legal aid resource familiar with Iowa commission proceedings to understand available options under § 161—9.7(2).
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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