Policy for Handling Release of Public Records

PURPOSE: This rule sets forth the board’s written policy in compliance with sections 610.010–610.030, RSMo, regarding the release of information on any meeting, record, or vote of the board. (1) The Behavior Analyst Advisory Board is a public governmental body as defined in Chapter 610, RSMo, and adopts the following as its written policy for compliance with the provisions of that chapter. This policy is open to public inspection and implements the provisions of Chapter 610, RSMo, regarding the release of information of any meeting, record, or vote of the board which is not closed pursuant to the provisions of Chapter 610, RSMo. (2) All public records of the Behavior Analyst Advisory Board shall be open for inspection and copying by any member of the general public during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excepted) upon a minimum of a three (3)-day notice and appointment except for those records closed pursuant to section 610.021, RSMo. All public meetings of the Behavior Analyst Advisory Board not closed pursuant to the provisions of section 610.021, RSMo, will be open to any member of the public. (3) The Behavior Analyst Advisory Board establishes the executive director of the board or his/her authorized representative as the custodian of its records as required by section 610.023, RSMo. The executive director or his/her authorized representative is responsible for the maintenance of the board’s records and is responsible for responding to requests for access to public records. (4) Whenever a request for inspection of public records is made and the individual inspecting the records requests copies of the records, the board may charge a reasonable fee for the cost for inspecting and copying the records. The fees charged by the board shall be as follows: (A) A fee for copying public records shall not exceed the actual cost of the document search and duplication; (B) The board may require payment for the fees prior to making the copies; and (C) Fees collected shall be remitted to the director of revenue for deposit to the credit of the State Committee of Psychologists’ Fund. (5) Whenever a request for access to public records is made and the custodian believes that access is not required under the provisions of Chapter 610, RSMo, the custodian shall consult with the Office of the Attorney General before making a determination whether to deny access to the records. In the event that contact by the custodian with the Office of the Attorney General is not practicable or is impossible, the custodian may make a decision whether to deny access. However, in those events, the custodian shall consult with the Office of the Attorney General concerning the decision within five (5) working days of the decision. Whenever the decision is made to deny access, the custodian will comply with the requirements in section 610.023, RSMo, concerning informing the individual requesting access to the records. Whenever the custodian denies access to the records, the custodian shall supply to members of the board copies of the written response conveying the denial to the requesting individual. At the next meeting of the board, the board shall either affirm the decision of the custodian or reverse the decision of the custodian. In the event that the board decides to reverse the decision of the custodian, the board shall direct the custodian to so advise the person requesting access to the information and supply the access to the information during regular business hours at the convenience of the requesting party. (6) The custodian shall maintain a file which will retain copies of all written requests for access to records and responses to these requests through the current audit period. The file shall be maintained as a public record of the board open for inspection by any member of the general public during regular business hours. AUTHORITY: section 337.310, RSMo Supp. 2010 and sections 610.010–610.030, RSMo 2000 and Supp. 2010.* Original rule filed Nov. 30, 2010, effective May 30, 2011. *Original authority: 337.310, RSMo 2010 and 610.010–610.030, see RSMo 2000 and RSMo Supp. 2010.