Access for Inspection of Public Records and Fees for Copying of Public Records

PURPOSE: This rule prescribes requirements for individuals and organizations to gain access to public records of the department and fees for copying of those public records. (1) Access for inspection of public records shall be granted and copying of those records shall be provided by the department based upon a review of each request. Access for inspection of public records shall be allowed during the normal business hours of the administrative offices of the department facility where the records are stored. Copies of public records shall be provided by the department and shall be subject to the collection of established search and copy fees and applicable sales tax and shipping charges. (2) Requests for access to or copying of public records may be made in person, by telephone or by any other convenient means. However, should any question arise whether a requested record is a closed record or is confidential as provided by law, this request shall be made in writing and forwarded to the Custodian of Records, Department of Mental Health, P.O. Box 687, Jefferson City, MO 65102. The custodian shall notify the individual or organization within three (3) business days from the date the request was received by the custodian whether access is granted or denied. (3) As provided under section 610.026, RSMo, access to public records for a short duration of time during normal business hours will normally be provided without charge. The department may negotiate a space or rental fee with the requester to provide access to public records when the access will be for an extensive period of time or will otherwise be disruptive to the normal operations of the department. Copies of public records will be provided by the department for the following copy and search fees: (A) Paper copies no larger than nine by fourteen inches (9" × 14")—$.10 per page; (B) Duplicating time—an hourly fee not to exceed the average hourly rate of pay for the department’s clerical staff; and (C) Research time—the actual cost of research time. (4) Fees for duplicating other types of records and other formats including electronic data shall be based on the actual cost of search and duplication or as otherwise provided by section 610.026, RSMo. (5) In accordance with the Americans with Disabilities Act, no additional fees shall be assessed for transcribing public records into Braille, audiotape or other suitable form. (6) As authorized by law, the department may furnish copies without charge or at reduced charges when it is determined to be in the public interest and is not primarily in the commercial interest of the requester. For official state administrative and business purposes, copies of records may be provided without charge to— (A) State and federal agencies, appropriation committees and interagency committees; (B) Courts, attorneys and guardians-adlitem in criminal and civil commitment, guardianship or juvenile proceedings; (C) Providers of service to department clients if authorized by clients, parents or guardians; (D) Agencies of other states in exchange for comparable reports; and (E) Department employees, advisory councils, commissions, task forces and committees when required by their work. AUTHORITY: sections 610.010–610.030 and 630.050, RSMo 2000.* Original rule filed June 17, 1986, effective Dec. 1, 1986. Amended: Filed July 17, 1995, effective Feb. 25, 1996. Amended: Filed Feb. 1, 2005, effective July 30, 2005. *Original authority: 610.010, RSMo 1973 amended 1977, 1978, 1982, 1987, 1993; 610.011, RSMo 1987; 610.015, RSMo 1973, amended 1973, 1987, 1993; 610.020, RSMo 1973, amended 1982, 1987, 1993; 610.021, RSMo 1987, amended 1993; 610.022, RSMo 1987, amended 1993; 610.023, RSMo 1987; 610.024, RSMo 1987; 610.026, RSMo 1987; 610.027, RSMo 1982, amended 1987, 1990; 610.028, RSMo 1982, amended 1987; 610.029, RSMo 1993; and 610.030, RSMo 1973, amended 1982.