Records of the Division

PURPOSE: This rule appoints a custodian of records for the division and sets forth guidelines to be followed when reviewing records of the division. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The director of the Missouri Department of Transportation Motor Carrier Services division, or the director’s designee, shall maintain a record of all proceedings filed with the Administrative Hearing Commission. Open records shall be available for public inspection and copying. (A) The following records of the division, or possessed by the division, shall be closed records, and shall not be open to public inspection or copying, or made public, except as otherwise provided by order or permission of a court, the Administrative Hearing Commission, or when formally filed with the division in a hearing or proceeding, or when otherwise required to be made public under the rules of the division or Chapters 386– 391, RSMo. The closure of records to public access under this subsection shall not be deemed to preclude lawful discovery of these records by a party in an administrative or court proceeding: 1. All records which may be closed records under Chapter 610, RSMo; 2. Under section 386.480, RSMo, all information furnished to the division or its employees by any motor carrier, their agents or employees, or by any corporation or person subject to the jurisdiction of the division, pursuant to the requirement of any statute or court order, any rule, order, or subpoena of the division or the Administrative Hearing Commission, or any audit, investigation, or discovery by the division staff, except that insurance certificates, surety bonds, endorsements, and cancellation notices filed pursuant to section 390.126, RSMo, or 7 CSR 265-10.030 shall be open records; 3. Under Title 49, United States Code (U.S.C.), section 523(c), which is incorporated by reference and made a part of this rule as published in 2021 by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and which does not incorporate any subsequent amendments or additions, all records or information acquired by division staff during an inspection of the equipment or records of a motor carrier or a lessor of equipment to such a carrier, if that inspection was delegated and funded or reimbursed by the Secretary of Transportation of the United States under Title 49 U.S.C., section 504, which is incorporated by reference and made a part of this rule as published in 2021 by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and which does not incorporate any subsequent amendments or additions; and 4. Under section 387.310, RSMo, any fact or information received by the division or its staff during the course of any inspection or examination of common carriers. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.030. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed May 17, 1989, effective Sept. 11, 1989. Amended: Filed Nov. 4, 1992, effective July 8, 1993. Emergency amendment filed Dec. 1, 1994, effective Dec. 11, 1994, expired Dec. 19, 1994. Emergency amendment filed Dec. 20, 1994, effective Jan. 1, 1995, expired April 30, 1995. Emergency amendment filed April 20, 1995, effective May 1, 1995, expired Aug. 28, 1995. Emergency amendment filed Aug. 18, 1995, effective Aug. 29, 1995, expired Feb. 24, 1996. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996. Moved to 7 CSR 265-10.017 and amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed June 3, 2022, effective Jan. 30, 2023. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.