The director or his designee is authorized to enter and inspect any agricultural operation and have access to or copy any facility records deemed necessary to ensure compliance with the provisions of this chapter or required odor management plans. Prior to conducting an investigation, the department shall notify the board of county commissioners for the county in which the agricultural operation is located and the board of county commissioners may have a designee accompany the director or his designee during the inspection. All records copied or obtained by the director or his designee as a result of an inspection pursuant to this section shall be confidential private records and shall be exempt from disclosure under chapter 3, title 9 , Idaho Code, except: (1) Records otherwise deemed to be public records not exempt from disclosure pursuant to chapter 3, title 9 , Idaho Code; and (2) Inspection reports, determinations of compliance or noncompliance and all other records created by the director or his designee pursuant to this section.
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