Updates and Appeals of Registry Information

PURPOSE: This rule establishes guidelines pertaining to the updating of information contained in the registry and sets forth the process for the appeal required in section 210.912, RSMo. (1) Process for Appeal Required in Section 210.912, RSMo. (A) After receipt of the department’s written determination of the results of a background check, conducted and entered in the Family Care Safety Registry pursuant to section 210.909, subsections 1 and 2, RSMo, registrants may appeal to the department under section 210.912, RSMo. Such appeals shall be limited only to the accuracy in the transfer of information from the agency of record to the registry and shall not include a right to appeal the accuracy of the substance of the information transferred. 1. Any such appeal shall be filed in writing by the registrant to the Director, Missouri Department of Health, to the attention of the Family Care Safety Registry, within thirty (30) days of the registrant’s receipt of the results of the Family Care Safety Registry’s background check. 2. The written appeal shall include the registrant’s full name, Social Security number, date of birth, mailing address and zip code, and telephone number, including the area code, where s/he can be reached Monday through Friday, during the hours from 8:00 a.m. through 5:00 p.m. The registrant’s written appeal shall also include a specific statement describing the information the registrant believes to have been incorrectly transferred from the agency of record to the registry. (B) Within thirty (30) days of the filing of the appeal, an informal administrative review of the appeal will be set. The review shall be conducted by the director or by a duly authorized representative of the director. (C) The department shall maintain a copy of its decision as long as the registrant is listed in the Family Care Safety Registry, or until such information is subsequently amended pursuant to sections 210.906 and 210.909, RSMo. (2) Updates of the Registry. (A) Records in the Family Care Safety Registry shall be updated when a request pursuant to section 210.921, RSMo, is made for release of registry information and, as the department deems necessary. (B) Pursuant to section 210.912, RSMo, registrants shall be advised of updated information contained in the registry. Registrants shall also be advised of the right to appeal the accuracy in the transfer of updated information from the agency of record to the registry. AUTHORITY: sections 210.912, 210.915 and 210.924, RSMo 2000.* Emergency rule filed Sept. 19, 2000, effective Jan. 1, 2001, expired June 29, 2001. Original rule filed March 30, 2001, effective Sept. 30, 2001. *Original authority 210.912, RSMo 1999; 210.915, RSMo 1999; 210.924, RSMo 1999.