Custodian of Public Records

PURPOSE: This rule sets forth the written policy in compliance with Chapter 610, RSMo, regarding the release of information on any meeting, record, or vote of the Board of Examiners for Hearing Instrument Specialists. (1) The Board of Examiners for Hearing Instrument Specialists is a public government body as defined in Chapter 610, RSMo, and adopts the following as its written policy for compliance with that chapter. This policy is open to public inspection and implements the provisions in Chapter 610, RSMo, regarding the release of information on any meeting, record, or vote of the Board of Examiners for Hearing Instrument Specialists which is not closed under the provisions of Chapter 610, RSMo. (2) All public records of the board will 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, excluding holidays), except for the records closed under section 610.021, RSMo. (A) The board may charge a reasonable fee for document searches and to copy requested records. The fees charged are as follows: 1. A fee for a document search (research) shall not exceed the actual cost of the document search; and 2. A fee for copying public records shall not exceed the actual cost of duplication. (3) All public meetings or portions of public meetings of the board not closed under section 610.021, RSMo, will be open to any member of the public. (4) The division establishes the executive director of the board as the custodian of its records pursuant to section 610.023, RSMo. The executive director is responsible for maintaining records and responding to requests for access to public records. (5) Responding to Request for Access. (A) If the custodian is uncertain whether requested access to public records is required under Chapter 610, RSMo, the custodian will consult with legal counsel before deciding whether to deny the access. If that contact by the custodian is not practicable or is impossible the custodian may make a decision to deny access pending consultation with legal counsel and give the reason for delay to the person requesting the information within three (3) days. However, in those circumstances, the custodian shall consult with legal counsel within five (5) working days of the decision. (B) When access is denied, the custodian will comply with the requirements in section 610.023, RSMo, concerning informing the individual requesting access to the records of the grounds for denying the request. (6) The custodian shall maintain a file, which will be retained for at least two (2) years, of all written requests for access to records and responses to requests. This 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 as noted in 20 CSR 2165-1.030(2). AUTHORITY: section 346.125, RSMo 2016.* This rule originally filed as 4 CSR 165-1.030. Original rule filed Oct. 16, 1996, effective May 30, 1997. Moved to 20 CSR 2165-1.030, effective Aug. 28, 2006. Amended: Filed June 27, 2008, effective Dec. 30, 2008. Amended: Filed Sept. 25, 2019, effective March 30, 2020. *Original authority: 346.125, RSMo 1973, amended 1981, 1995, 2009. Hearing Instrument Specialists