Meetings

PURPOSE: This rule complies with sections 610.023 and 610.028, RSMo regarding open meetings. (1) Public Governmental Bodies. (A) Department. The department is a public governmental body under section 610.010(2), RSMo, for purposes of meetings. The department is meeting as a public governmental body and conducting a public meeting whenever a majority of the employees of the department are allowed, invited or required to attend the meeting for the purpose of discussing or deciding the department’s functions. Public meetings do not include social gatherings where there is no intent to avoid the purposes of Chapter 610, RSMo. Public meetings of the department also include rulemaking hearings and contested case hearings before the director in the director’s administrative or adjudicative capacity. Contested case hearings include only those hearings at which the director or an appointed hearing officer presides and of which all parties to the case have notice. (B) Divisions. The divisions of the department are each public governmental bodies under section 610.010(2), RSMo, for purposes of meetings. A division is conducting a public meeting and meeting as a public governmental body whenever a majority of the employees of the division are allowed, invited or required to attend the meeting for the purpose of discussing or deciding the department’s functions. Public meetings do not include social or ministerial gatherings where there is no intent to avoid the purposes of Chapter 610, RSMo. Public meetings of the division also include rulemaking hearings and contested case hearings before a division director in the director’s administrative or adjudicative capacity. Contested case hearings include only those hearings at which the director or an appointed hearing officer presides and of which all parties to the case have notice. (C) Boards, Commissions, and Advisory Committees. The various boards, commissions and advisory committees, whether created by statute or by executive order of the governor are each public governmental bodies under section 610.010(2), RSMo, for purposes of meetings. (D) Sections and Other Organizational Units. Other organizational units within the department are not public governmental bodies under section 610.010(2), RSMo. Neither the director nor any single employee or agent of the department shall be considered a public governmental body under section 610.010(2), RSMo for purposes of meetings because a single member body cannot have meetings. (E) The department, division, board, commission or committee official leading the public meeting shall ensure public notice of the meeting is given under section 610.020, RSMo, whether the meeting remains open or by vote may be closed. Such official shall also ensure minutes of the meeting are created and maintained. (F) In addition to any meetings that are public by law, any meeting of the department or one of its divisions, boards, commissions or committees that has been announced as a public meeting shall be open to the public, except to the extent of any applicable provision of section 610.021, RSMo. No meeting which is not described in this rule as a public meeting shall be open to the public. (2) Notice. (A) Except as otherwise set forth in this rule, notice of the time, date and place of any public meeting open to the public, and its tentative agenda, shall be posted in the reception area to the principal office of the department and the relevant division at least twenty-four (24) hours prior to the commencement of the meeting, unless circumstances under section 610.020, RSMo, dictate otherwise. Copies of the notice shall be made available to any representative of the news media who requests notice of a particular meeting at least twentyfour (24) hours prior to the commencement of the meeting. (B) Notice of any hearing on a proposed rulemaking shall be given by publication in the Missouri Register under section 536.021.2(6), RSMo. AUTHORITY: section 374.045, RSMo 2000.* This rule was previously filed as 4 CSR 1901.020(2)(A). Original rule filed Nov. 15, 1989, effective Feb. 25, 1990. Amended: Filed Jan. 15, 1992, effective June 25, 1992. Amended: Filed Oct. 15, 2007, effective May 30, 2008. *Original authority: 374.045, RSMo 1967, amended 1993, 1995.